Bombay High Court
SUNNY SHIRISH MISALversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted bail to the applicant, finding no sufficient ground to deny it.
Summary
The applicant, Sunny Shirish Misal, was arrested in connection with Crime No. 47 of 2026 for an alleged offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, relating to a dowry dispute with the complainant, a 29‑year‑old woman he was engaged to marry. The complainant alleged that the applicant demanded dowry, but the amounts claimed varied across statements (Rs. 1 lakh, Rs. 50,000, and later Rs. 10 lakh). The court examined WhatsApp messages showing the complainant’s awareness of her actions and found no evidence of violence, hurt, or coercion. Considering the mature age of the complainant, the voluntary nature of the relationship, and the lack of a clear risk of tampering, the court concluded that bail could be granted, subject to strict conditions. The bail order directed the applicant’s release on a personal bond of Rs. 25,000 with sureties and imposed reporting, non‑tampering, and travel restrictions, while expressly stating that the order was limited to bail and not a determination on the merits.
Issues considered
- What is the appropriate bail jurisprudence for an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023?
- Whether the applicant poses a risk of influencing witnesses or tampering with evidence?
- Whether the inconsistencies in the dowry demand amounts affect the prima facie case for denial of bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 69
Subjects
- bail
- dowry harassment
- Section 69
- Bharatiya Nyaya Sanhita
- criminal procedure
- evidence tampering
- personal bond
Judgment
39-BA---2997-26.doc
rsk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2997 OF 2026
Sunny Shirish Misal .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Vishwajeet M. Patil a/w. Ms. Ashwini V. Raut, Mr. Ajay B. Patil
i/b. Mr. Omkar S. Bamdale, Advocates for Applicant.
Mr. Amit A. Palkar, APP for the Respondent-State.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 18, 2026
P.C.:
1. Heard Mr. Patil, learned Advocate for Applicant and Mr. Palkar,
learned APP for Respondent – State.
2. By this application, the Applicant is seeking regular bail in Crime
No. 47 of 2026 registered with Lonavala Police Station, Pune, for the
offence punishable under Section 69 of the Bharatiya Nyaya Sanhita,
2023.
3. The Applicant in the present case is 34 years old whereas the
Digitally signed
by prosecutrix is 29 years old. They were engaged to get married. Both
RAJESHWARI RAJESHWARI
SUBODH
SUBODH KARVE
KARVE Date:
2026.09.19
17:34:09 +0530
families were also involved. They met each other on Shaadi.com and
thereafter had regular meetings and for a period of almost 11 months
went out together. Complaint has been filed on the premise of a
singular incident on 23.06.2025 in Lonavala where Complainant
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39-BA---2997-26.doc
accompanied the Applicant. Prima facie statements which recorded by
the investigating agency show that allegation of dowry is at the centre
of the break-up. However, in the statements which are recorded of the
relatives of the prosecutrix viz., her mother and sister, it is seen that
initially according to prosecution rupees one lakh was demanded,
however in another statement the said figure is stated to be
Rs.50,000/- but in the supplementary statement recorded that at the
time of filing of FIR after almost after 9 months of the incident in
question, the dowry figure is stated to be Rs.10 Lakhs.
4. I have perused the WhatsApp material which is appended to the
application in question and reading the same reflects that Respondent
No.2 was completely aware about her actions as also the consequences.
There is no evidence of violence, hurt or abuse as can be seen from the
material which has been placed on record and therefore considering
the mature age of prosecutrix and she willingly accompanying the
Applicant regularly as per her own statement for 11 months, Applicant
has made out a case for grant of bail. The complicity of the Applicant
in the crime in question can be proved at trial. In view of the above,
the following order is passed:-
(i) Applicant - Sunny Shirish Misal is directed to be
immediately released from prison in connection with Crime
No.47 of 2026;
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39-BA---2997-26.doc
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Lonavala Police Station, once every month on the first
Sunday of the month between 10:00 a.m. to 11:00 a.m. until
commencement of trial and thereafter shall attend all dates
of hearing before the Trial Court;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary adjournments,
if he does so it will entitle the prosecution to apply for
revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and / or
change of residence or mobile details, if any, from time to
time, as applicable; and
(viii) Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
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39-BA---2997-26.doc
5. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on the
strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
6. Bail Application is allowed and disposed in the above
terms.
rsk [ MILIND N. JADHAV, J. ]
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