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Bombay High Court

SONI SANTOSH JAYBHYEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the applicant under the stipulated conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Soni Santosh Jaybhye, who is accused of murdering her 11‑year‑old son and attempting to murder her 13‑year‑old daughter under Sections 103(1) and 109 of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is largely circumstantial, while the applicant alleged severe domestic harassment by her alcoholic husband, leading to a desperate state of mind. The court noted the applicant’s vulnerable position as a mother of two minor children, the affidavit of her mother offering care, and the lack of evidence suggesting flight risk or tampering. Weighing these humanitarian considerations against the seriousness of the charges, the judge granted bail with stringent conditions, including a personal bond, regular reporting, and restrictions on influencing witnesses. The bail order was issued without prejudice to the trial, which will proceed on the merits.

Issues considered

  • Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences of murder and attempt to murder.
  • Whether the applicant poses a risk of flight, tampering with evidence, or influencing witnesses.
  • Whether the applicant’s domestic circumstances and lack of support justify bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • circumstantial evidence
  • domestic violence
  • humanitarian grounds
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita

Judgment

                                                                          45. BA-3672-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                            BAIL APPLICATION NO. 3627 OF 2026

           Soni Santosh Jaybhye                                     .. Applicant
                      Versus
           The State of Maharashtra                                 .. Respondent
                                    ....................
            Mr. Ghanasham Jadhav, Advocate for Applicant
            Ms. Rajeshree V. Newton, APP for State
            Mr. Sidhanath Shendage, PSI, Wagholi Police Station
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 30, 2026
           P. C.:

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

           Newton, learned APP for State.


           2.        This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 74 of

           2026 registered with Wagholi Police Station for the offences

           punishable under Sections 103(1), and 109 of the Bharatiya Nyaya

           Sanhita, 2023.


           3.       Applicant is a woman having two minor children and she is

           indicted and accused of having committed the murder of her own son

           aged 11 years and having attempted to murder her daughter who was

           13 years old. The daughter's statement has been recorded and I have

           perused the same.


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4.    In so far as the crime regarding commission of murder of the

son is concerned, the evidence of the prosecution is circumstantial.

Though it is argued by the prosecution that the applicant had orally

informed her daughter that she was responsible for killing her son.


5.    I have perused the entire material on record with the able

assistance of Mr. Jadhav and Ms. Newton, learned APP. Prima facie,

what I find from the witness statements that are recorded that because

of the behavior of the husband of the Applicant who used to consume

liquor every day and who used to behave irrationally, the Applicant

was extremely fed up and was driven to a point of such harassment

which is prima facie seen from the record that she had to take the

extreme step. Needless to state that this theory of the prosecution to

the extent of complicity of the Applicant in the crime will be proved at

trial. At the threshold for grant of bail, there is substantial material

placed on record to show the harassment meted out to the Applicant

and the penury in which the Applicant found herself to be living with

the two minor children. The Applicant is an educated woman having

studied up to D.Ed. (First Year) and the material placed on record

prima facie shows that she is a victim of circumstances having suffered

tremendous harassment and driven to a point of losing all hope in life

and most importantly thereafter having ultimately decided to commit




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suicide. It is in these circumstances that the Applicant was driven to

commit the unfortunate act.


6.    The mother of the Applicant is present in Court. She has filed an

affidavit    affirming and stating that she and her son who is the

Applicant's brother will take care of the Applicant post her release and

shall also endeavor to take care of the daughter who is presently in the

Children's Home with due passage of time.           I have no reason to

disbelief the affidavit which has been filed after I have interacted with

the mother of the Applicant. I am, therefore, inclined to allow the

present Bail Application. Hence, Applicant is released on bail on the

following terms and conditions:-


            (i)   Applicant is directed to be immediately released on bail

                  from prison in connection with C.R. No. 74 of 2026;

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

                  furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand

                  only) with one or two sureties in the like amount;

            (iii) Applicant shall report to the Investigating Officer at

                  Wagholi Police Station, once every month on the first

                  Sunday 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

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                                        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.

           7.         Needless to state that the above observations will not come in

           the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           8.         Bail Application is allowed and disposed of in the above terms.



Amberkar                                                          [ MILIND N. JADHAV, J. ]
                     Digitally signed
                     by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2026.09.30
                     14:49:23 +0530




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