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Bombay High Court

SANGITA ARJUN GAVLIversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

Since the principal charge is a bailable offence, the court held that bail must be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to conditions.

Summary

The applicant, mother of a premature baby who is the prosecutrix, was arrested as Accused No.12 under Section 21 of the POCSO Act, a bailable offence. She filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release in connection with a case involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, the POCSO Act, 2012 and the Juvenile Justice Act, 2015. The court noted that the highest charge against her is bailable and that her alleged complicity could be proved at trial, making a case for bail. Consequently, the court granted bail subject to a cash bond, sureties and several conditions such as monthly reporting, non‑interference with witnesses and staying within Maharashtra. The order was limited to bail and did not address the merits of the case.

Issues considered

  • Whether the applicant, accused of a bailable offence under Section 21 of the POCSO Act, is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • bailable offence
  • POCSO Act
  • child protection
  • criminal procedure
  • bail conditions
  • Maharashtra

Judgment

                                                                      18.BA.3591.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3591 OF 2026

              Sangita Arjun Gavli                              .. Applicant
                         Versus
              The State of Maharashtra and Ors.                .. Respondents
                                          ....................
               Mr. Mithilesh Mishra a/w. Ms. Pooja Khandekar, Mr. Subhash
                 Hulyalkar, Ms. Pratiksha More and Mr. Devidas Bhagat, Advocates
                 i/by Hulyalkar and Associates for Applicant.
               Ms. Shilpa G. Talhar, APP for Respondent No.1.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 23, 2026
              P.C.:

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

              Talhar, learned APP for Respondent No.1.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.123 of 2026 registered with Malegaon Camp Police for offences

              punishable under Sections 64, 65, 137(2), 140(3), 143(4), 70(2), 238,

              61(2), 190, 3(5) of the Bharatiya Nyaya Sanhita, 2023; Sections 4, 6 ,

              17 and 21 of the Protection of Children from Sexual Offences Act,

              2012 (for short ‘POCSO Act’) and Section 81 of the Juvenile Justice

              (Care and Protection of Children) Act, 2015.


              3.       Applicant is the mother of prosecutrix/victim who delivered

              a pre-mature baby.    Though she has not been named in the First


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InformationReport, her implication as Accused No.12 is under Section

21 of the POCSO Act which is a bailable offence.             She has been

arrested on 11.06.2026 and is in custody since then.           In so far as

principal offence is concerned, Applicant before me is not the

protagonist save and accept the fact that because she failed to inform

the condition of her daughter she has been indicted.


4.           Mr. Mishra has taken me through the gamut of the

proceedings. He has also placed before me the order passed in Bail

Application No.3576 of 2023 dated 17.09.2026 in respect of Accused

No.5 who is the doctor and owner of hospital where the baby girl was

delivered.


5.           In the facts of the present case, at the highest the indictment

of Applicant even according to prosecution is for a bailable offence.


6.           Needless to state that her complicity will be proved at trial.

An arguable case is therefore made out for grant of bail.


7.           Considering the aforesaid, Applicant is granted bail subject

to following conditions:-


             (i)   Applicant is directed to be immediately released from

                   prison in connection with Crime No.123 of 2026;


             (ii) Applicant is directed to be released on bail on

                   furnishing P.R. Bond of Rs. 5,000/- (Rs. Five Thousand


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                                                        18.BA.3591.2026.doc


              only) with one or two surety / sureties of the like

              amount;

         (iii) Applicant shall report to the Investigating Officer at the

              concerned Police Station, once every month on the first

              Monday of the month between 10:00 a.m. to 12:00

              p.m.;

         (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 she 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 any of the witnesses or

              tamper with the evidence in any manner;

         (vii) Applicant shall keep the Investigating Officer informed

              of her 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.

8.       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

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               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.


               9.                  Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                  [ MILIND N. JADHAV, J. ]

                        Digitally signed
                        by HARSHADA
               HARSHADA HANUMANT
               HANUMANT SAWANT
               SAWANT   Date:
                        2026.09.23
                        19:47:48 +0530




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