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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 143(4), 190, 238, 3(5), 61(2), 64, 65, 70(2)
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 81
- Protection of Children from Sexual Offences Act, 2012 — s. 17, 21, 4, 6
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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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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