RADHA MOHAN MISHRA S/O LATE PRABHU NATH MISHRAversusTHE STATE OF MAHARASHTRA

                                                         BA.3495.2026.doc

Ajay

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

               BAIL APPLICATION NO. 3495 OF 2026

Radha Mohan Mishra                                .. Applicant
      Versus
State of Maharashtra                              .. Respondent
                           ....................
 Mr. Salman K. Pathan a/w. Ms. Kanika Ahuja and Ms. Kirti Ahuja,
  learned Advocates for Applicant.
 Ms. Sukanta Karmakar, APP for Respondent – State.
 Dr. Aman Pandey, Chief Medical Officer Mumbai Central Prison.
 Kanchan Jadhav, Police Inspector, Crime Branch Unit – 4, Pune City
                            ......…...........
                           CORAM : MILIND N. JADHAV, J.
                           DATE      : SEPTEMBER 7, 2026.
P.C.:

1.       Heard Mr. Pathan, learned Advocate for Applicant and Ms.

Karmakar learned APP for Respondent No.– State.


2.       Present Application is filed by Applicant under Section 483

of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)

seeking enlargement on bail in connection with FIR No.210 of 2026

registered with Crime Branch Unit – 4, Pune for offences punishable

under Sections 61(2), 115(2), 123, 351(2), 352, 64(2)(m), 68, 74, 75,

77 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (and Sections 3,

4, 5 of Maharashtra Prevention of Eradication of Human Sacrifice and

other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.


3.       Briefly stated, Applicant and one Rajan Kakkar resided in



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separate accommodations on a jointly held land and were in partners

in real estate business. Rajan Kakkar was Power of Attorney holder of

Applicant’s family and managed the finances and properties of

Applicant’s family. In 2010 Appliant’s family and Kakkar family jointly

purchased property in Pune upon which Applicant’s residence is

constructed and is presently the subject of pending civil litigation

before jurisdictional Civil Court in Pune. In 2024, disputes arose

between Applicant and Kakkar family and Applicant’s family revoked

Power of Attorney granted in favour of Kakkar family. Between July

2025 and April 2026, Applicant’s family addressed three police

complaints alleging threats and blackmail by Kakkar family to them.

On 17.06.2026 at 1:50 a.m. Applicant was arrested from his residence

along with 23 family members and FIR No.210 of 2026 came to be

registered against Applicant and 6 other persons. Applicant filed Bail

Application No.4114 of 2026 before Additional Sessions Judge, Pune

which came to be rejected by order dated 25.08.2026. Trial Court

rejected Applicant’s Bail on merits as well as medical grounds. Hence,

the present Application.


4.        Mr. Pathan, learned Advocate for Applicant would submit

that Applicant was arrested at 1:50 a.m. however grounds of arrest

were furnished to Applicant only at 8:00 a.m therefore Applicant’s

arrest was gross, brazen and an unconstitutional deprivation of his

fundamental rights as Respondent failed to comply with safeguards

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enumerated under BNSS. He would submit that around 200 police

officers without identification forcefully entered Applicant’s house and

detained over 23 individuals including women and children.


4.1.      He would submit that no grounds for arrest were furnished

to Applicant nor any of the individuals detained neither was any FIR

filed against them as the FIR was only registered at 4:15 a.m. i.e. over

2 hours after their arrest. He would submit that 17 individuals were

detained without any FIR registered against them and they were

subsequently released by the Police at 5:00 a.m. and dropped to their

homes. He would submit that 6 accused persons, excluding Applicant,

filed Writ Petition No.3008 of 2026 before this Court challenging their

illegal arrest and sought grant of bail which was allowed by order

dated 23.07.2026.

4.2.      He would submit that submit that Applicant is 59 years old

and suffers from numerous serious medical conditions. He would

submit that Applicant underwent Sleeve Gastrectomy surgery in

November 2025 wherein 80% of his stomach was removed and he was

to then maintain a strictly prescribed liquid / semi liquid diet. He

would submit that subsequently in March 2026 Applicant was

diagnosed with IgG4 disease, a rare auto immune disorder which

affected Applicant’s pituitary gland and pancreas functioning and

required his mandatory dosage of steroids daily to survive. He would

submit that since Applicant also suffers from Liver Cirrhosis and Auto

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Immune Pancreas disease which is shown in his discharge summary

and medical reports which are appended at page No.196 to 208 of the

Petition, bail is pleaded predominantly on medical grounds. He would

submit that since Applicant’s arrest, he was unable to maintain his

strict diet in custody and he has lost 21 kilograms of weight which is

dangerous to his health and further suffers from vomiting, giddiness,

dehydration and abdomen discomfort due to which he has falled 3 – 4

times in custody. He would submit that in July 2026, Applicant was

hospitalized in Sasson General Hospital, Pune however rheumatology

and endocrinology specialists were not available, hence in August 2026

Applicant was transferred to KEM Hospital, Mumbai and later to J.J.

Government Hospital, Mumbai for treatment for treatment. He would

submit that Applicant’s medical condition did stabilize but however his

prescribed diet was not available at either hospital.

4.3.      He would submit that Applicant’s repeated hospitalization

shows that his medical condition is life threatening and mere

classification of his condition as stable cannot be equated to treatable

while in custody. He would submit that Applicant suffers from chronic

multi organ diseases due to which he has been admitted to hospital on

several occasions and suffered drastic loss in body weight while in

custody due to non – availability of prescribed diet. He would submit

that Applicant requires to follow a strict diet, receive timely medication

and constant observation of a rheumatologist, gastroenterologist and

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endocrinologist which cannot be provided to him while he is in

custody. He would refer to and rely upon the deicisions of the Supreme

Court, Delhi High Court and this Court in the following cases in

support of his submissions:- (i) Ushik Mahesh Gala Vs. Directorate of

Enforcement 1; (ii) Amit Katyal Vs. Directorate of Enforcement 2 (iii)

Mihir Rajesh Shah Vs. State of Maharashtra 3 and (iv) Ashrafbhai

Ibrahimbhai Kalavdiya 4. He would urge this Court to consider the

medical condition of the Applicant and enlarge Applicant on bail in

light of his submissions.

5.               PER CONTRA Mr. Karmakar, learned APP for Respondent –

State would submit that perusal of General Diary at Kharadi Police

Station states that cognizable offence and First Information Report

were both recorded at 2:03 a.m therefore Applicant was arrested prior

to after receiving information of a cognizable offence against him and

not later as alleged by Applicant. He would submit that Investigation

Officer furnished ground of arrest under Section 47 of BNSS to

Applicant at 8:00 a.m. which were explained to Applicant in Hindi, the

language he is conversant with, after which he affixed his signature on

the same, therefore grounds of arrest were duly communicated to him

in accordance with law.

5.1.             He would submit that sister of Applicant filed Writ Petition


1    Bail Application No.1836 of 2026 decided on 24.08.2026
2    Bail Application No.2024 of 2024 decided on 26.06.2024
3    MANU/SC/1492/2025
4    Criminal Bail Application No.420 of 2025 decided on 18.07.2025



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before this Court seeking to hospitalize Applicant due to certain

medical issues and a team of doctors from J.J. Hospital examined

Applicant and filed their report stating that Applicant was in stable

medical condition and thereafter sister of Applicant withdrew her writ

Petition. He would submit that there is no document on record to show

that Applicant is ailing from any life threatening medical condition and

therefore he would urge me to dismiss the present Application for

grant of bail. He would refer to and rely upon the following decisions

of this Court in support of his submissions:- (i) Rukmini Prabhunath

Mishra          Vs.       The         State         of      Maharashtra 5;                (ii)       Sunil     Kumar

Rameshchandra Garg Vs. State of Maharashtra 6; (iii) Lalit Nagpal Vs.

State of Maharashtra 7.

6.               I have heard both the learned Advocates appearing for the

parties and with their able assistance, perused the record of the case.

Submissions made by learned Advocates and APP at the bar have

received due consideration of the Court.


7.               Applicant before this Court seeks enlargement on bail

primarily on grounds of illegal arrest and his poor medical condition.

At the outset it is seen that there are 7 accused persons including

Applicant arraigned in FIR No.210 of 2026 however all accused

persons excluding Applicant were granted bail by virtue of order dated

5    Writ Petition No.3983 of 2026 decided on 14.08.2026
6    Interim Application No.4340 of 2025 in Criminal Bail Application No.3428 of 2025 decided on 05.12.2025
7    Criminal Application No.348 of 2006 decided on 12.09.2006



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23.07.2026 passed by this Court in Writ Petition No.3008 of 2026.

Learned Advocate for Applicant has urged bail to be granted to

Applicant on medical grounds to seek appropriate medical attention

due to his drastic loss of weight in custody and lack of access to his

prescribed medication. Certain reports alluded to determine the

severity of Applicant's medical condition have been perused by me with

the able assitance of the learned Advocates as well as two Doctors who

have presented themselves before Court on behal of prosecution.

These reports are as follows:- viz:- (i) Discharge Summary dated

05.11.2025 issued by Dr. Raman Goel, Bariatrics Department of

Wockhardt Perusal of the material on record would show that

Applicant underwent Sleeve Gastrectomy Surgery and though

Applicant was discharged in stable condition he was to maintain

strictly liquid diet and follow with his attending doctor Dr. Madhu

Goel; (ii) CT Scan and PET Scan Report dated 18.06.2025 conducted

by Dr. Aishvarya Vasishta of Aiva Sonograpgh Clinic which concludes

that Applicant suffers from advanced chronic liver disease; (iii) FAPI

Scan Report dated 06.03.2026 conducted by Dr. Uday Phadke of Dr.

Solav Spectlab which concludes that Applicant suffers from chronic

fibrotic phase of Autoimmune Pancreatitis i.e. (IgG4) which was

confirmed by CT Scan Report dated 01.05.2026 issued by Dr. Sushil

Panbude Consultant Radiologist at Grant Medical Foundation Ruby

Hall Clinic and (iv) Medical documents issued by Department of

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General medicine, Grant Government Medical College and Sir JJ

Group of Hospitals, Mumbai which confirms the findings in the

aforementioned medical reports and states that Applicant is required to

consult specialist doctors in Gastroenterology, Endocrinology and

Rheumatology. The Doctors present in Court have interacted with me

on the veracity of the above reports / papers and prima facie do not

dispute the same.


8.       The core of the prosecution is that Applicant’s medical

condition is not serious or life threatening and can be treated through

Yerwada jail hospital and he can continue his medication prescribed by

doctors at J.J. Government Hospital in jail. It is also the case of

prosecution that there was no illegality in Applicant’s arrest and that

ingredients of all offences under BNS and Maharashtra Prevention of

Eradication of Human Sacrifice and other Inhuman, Evil and Aghori

Practices and Black Magic Act, 2013 qua Applicant are duly complied

with and therefore he should not be enlarged on bail.


9.       In the present case, after perusal of the material appended

on record, I have no doubt that Applicant’s medical condition is

precarious and the chronology of his medical history while in custody

is even more disturbing even to the mind of a normal prudent person.

It is seen that Applicant has been admitted to 5 hospitals between Pune

and Mumbai within 70 days of incarceration due to his medical



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condition. Applicant underwent Sleeve Gastrectomy Surgery in

November 2025 where 80% of his stomach was removed and he was

strictly directed to remain on liquid / semi liquid diet. Thereafter

Applicant was arrested on 17.06.2026, he was diagnosed with Auto

Immunce Pancreatitis IgG4 disease and was admitted to DY Patil

Medical College and Hospital to take Rituximab Injection. Due to

severe complications from his surgeries and non – availability of his

prescribed diet in the Jail Hospital, Applicant underwent episodes of

vomiting, dizziness, fainting, dehydration and fatigue and prima facie

it is seen that he lost 21 kilograms of body weight in a span of 48 days

of incarceration which by itself is alarming and dangerous to health

under normal circumstances let alone the dire medical circumstances

within which Applicant finds himself in the present case. It is further

seen that since Yerwada Jail Hospital and Sasson General Hospital did

not have the requisite specialist doctors, Applicant was brought to

Mumbai on 31.07.2026 to receive medical attention from KEM

Hospital and JJ Hospital. The reports issued by these hospitals are

appended to the Application and I have perused the same.


10.       Perusal of the material on record bring home the conclusion

that sickness, infirmity and health conditions of Applicant are severe

and hence directing Applicant to remain in custody or even the prison

hospital, is incompatible with his health conditions and that it would

run the risk of deterioration of his health further to a point of no return

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in that case. We are otherwise all aware of the jail conditions and the

enormity of congestion in jails and I need not comment on the same.


11.          The long standing practice of “bail is the rule, jail is the

exception” ought to be aptly put into practice in such open and shut

cases. I am conscious of the fact that Medical Bail is the most misused

bail when all doors are shut. There is no doubt in the correctness of

this statement by and large. However, the doctors present in Court

before me have confirmed about the infirmity of Applicant’s health due

to his medical condition and do not dispute the Medical Reports. In the

present circumstances, Applicant has undergone Sleeve Gastrectomy

Surgery where 80% of his stomach was removed as a consequence of

which he is restricted to liquid / semi liquid diet. There is no dispute

that Applicant does not have access to this strictly prescribed diet and

the consequences of non adherence to the same are seen in his drastic

weight loss and frequent admission to numerous hospitals. Applicant is

further diagnosed with Type – I Auto Immune Pancreatitis, Liver

Hepatitis, Tuberculosis and even Pitutary Gland issue for which

Applicant is to take steroids. None of these ailments are disputed by

Respondent.


12.         In this regard I would like to refer to the decision of the

Delhi High Court in the case of Amit Katyal Vs. Directorate of

Enforcement8, wherein it was held that it is vital to meet dietary
8   Supra



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requirements of undertrials if they are to be physically and medically

fit to stand trial which may not be adequately provided in jail. The

relevant paragraph No.20 is reproduced hereunder for ease of

reference:-

             “20. On a conspectus of the report dated 14.06.2024 by the
             Medical Board of the AIIMS as also the treating Doctors at DDU
             Hospital as per the prescription dated 21.06.2024, besides the
             medical history of the applicant, the answer should be in the
             affirmative. It is but manifest that the dietary requirements of the
             applicant are such that they cannot be provided in the jail
             premises. Considering that the petitioner has undergone surgery
             on 09.04.2024, post Bariatric Surgery, he needs to be given a
             proper diet in order to attain adequate physical, mental and
             psychological well-being for at least a period of 3 to 4 months. The
             level of care, attention, minute to minute monitoring and
             emergency response which the applicant requires, cannot be
             provided at the jail presently. There is no gainsaying that
             providing home cooked food on an every day basis for a long
             duration is fraught with several technical hurdles at the jail
             premises.”




13.          Perusal of the material on record would show that

Applicant’s prolonged incarceration eventhough for a few months has

significantly affected his overall health and prima facie he requires

ample rehabilitation, care, monitoring of his diet, precaution from

infections       and     regular      uninterrupted        appointments         with

Gastroenterology, Rheumatology and Endocrinology specialists. These

requirements can only be met if Applicant receives treatment at a

hospital of his choice and / or his home where he is well taken care of

away from infection related environment if he is to stand trial. There is

a marked qualitative difference in the treatment received as an


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undertrial prisoner especially in jail barracks and jail hospital and as a

citizen under no restraint. I need not say much on this aspect. Food

supplements and medical care form the fulcrum of Applicant’s

rehabilitation process. It is seen from Applicant’s precarious medical

condition, degree of care and monitoring of existing / subsisting

ailments from which the Applicant suffers along with observations for

any untoward complications that may arise altogether clearly justify

grant of medical bail to the Applicant before me.


14.       Investigating Officer shall be at the liberty to visit the

hospital / home of Applicant for investigation after giving him due

notice. Applicant’s supervising doctors are directed to prepare

appropriate reports about the status and medical condition of

Applicant and his availability to co-operate with the investigation

depending on his recovery and apprise the Investigating Officer about

the same within one month from today.

15.       Applicant shall cooperate and provide all details for

investigation as called upon. The Application of Applicant is primarily

considered on medical grounds at this stage and it is subject to

revocation if he and / or other accused persons do not co-operate with

the investigation. Merely because at this stage unless the entire chain

which is linked is to be traced including the absconding Accused or

there maybe involvement of other parties, keeping the Applicant in jail

in his present precarious condition when he is ready to co-operate

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cannot be the answer to deny him bail on medical grounds. Hence, on

both above counts but with a direction that Applicant's through their

other accused persons shall ensure complete co-operation with the

investigation and he shall make all disclosures as required.

16.       That apart this Court while passing orders on pervious

occasions in so far as the Applicant's medical condition is concerned

has clearly applied its mind and the same is certified by the reports

placed before this Court. Hence on medical ground, Applicant deserves

enlargement on bail for his medical treatment and rehabilitation which

cannot be denied to him in view of his precarious medical condition

and requirement for post surgery rehabilitation. Needless to state that

every 6 months the Applicant will present himself at Sasson General

Hospital for a checkup and the Dean of the said hospital shall, through

a committee, examine the status of Applicant’s health parameters and

give opinion in a Report to the prosecution. Prosecution will be at

liberty to approach this Court on the basis on that Report for seeking

custody of the Applicant and for seeking cancellation of his medical

bail.

17.       In view of the above order, Applicant is directed to be

released on bail on medical grounds on following conditions:-

          (i)   Applicant – Radha Mohan Mishra be released on bail,

          on furnishing a P.R. Bond of Rs.2,00,000/- and one or more

          sureties in the like amount;

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(ii)   It is directed that the other accused persons, if any,

whose names shall be provided by the Applicant to the

Investigating Officer, shall attend investigation before the

Investigating Officer on the first and third Monday of every

month from 10:00 a.m. to 5:00 p.m. with all disclosures as

called for by the Investigating Officer initially for a period of

six (6) months from today and thereafter depending upon

the Report given by the Sasson General Hospital, the

Applicant will also join in the investigation along with all the

other accused persons who are directed to be present before

the Investigating Officer as directed or as called for by the

Investigating Officer thereafter. Every month after his

release, Investigating Officer shall be at liberty to visit the

Applicant’s home with 2 days advanced notice to enquire

about his health and rehabilitation and keep a record of the

same in writing in the form of a report for Court’s

information if so required later;


(iii) Applicant shall not leave the country without prior

permission of the Court;


(iv) Applicant shall not influence any of the witnesses or

tamper with the evidence in any manner;

(v) Applicant shall keep the Investigating Officer informed



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                                           of his current address and mobile contact number and / or

                                           change of residence or mobile details, if any, from time to

                                           time, as applicable;

                                           (vi) Applicant shall surrender his passport with the

                                           Investigating Officer of the concerned police station;

                                           (vii) Applicant shall not indulge in any activity similar to the

                                           activities on the basis of which the Applicant stands

                                           prosecuted;

                                           (viii) Applicant shall not try to establish communication with

                                           any co-accused or any other person involved directly or

                                           indirectly in similar activities, through any mode of

                                           communication;

                                           (ix) Any infraction of the conditions shall entail cancellation

                                           of bail granted to the Applicant.


                                 18.       Liberty to apply for cancellation of this order to prosecution

                                 in case of any breach of the conditions.


                                 19.       Bail Application No. 3495 of 2026 is allowed and disposed in

                                 above terms.


                                                                               [ MILIND N. JADHAV, J. ]

      Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.07
              11:37:34 +0530




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