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Bombay High Court

PRANJAL DILIP TAWAREversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that, on a prima facie assessment showing lack of substantive evidence and considering the applicant’s gender and role as family breadwinner, bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was warranted.

Summary

The Bombay High Court considered an application for bail filed by Pranjal Dilip Taware under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences alleged under Sections 103(1), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant, a young female gym trainer and family breadwinner, claimed she had sought police help prior to the incident and that the prosecution’s case relied on contradictory, self‑interested witness statements with no substantive evidence of the alleged crimes. The court observed that the prima facie record did not support the prosecution’s narrative and gave weight to the applicant’s gender and economic role. Consequently, the court granted bail subject to a personal bond of Rs.15,000 and several conditions, including regular reporting to the investigating officer and non‑interference with witnesses. The order expressly limited its observations to bail and noted that the trial would proceed on the merits of the evidence.

Issues considered

  • Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the alleged offences under Sections 103(1), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
  • Whether the prima facie evidence presented by the prosecution is insufficient to justify denial of bail

Legislation cited

Subjects

  • bail
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • gender considerations
  • prima facie evidence
  • criminal procedure
  • conditions of bail

Judgment

                                                                            17.BA.3706.2026.doc

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


                               BAIL APPLICATION NO.3706 OF 2026

              Pranjal Dilip Taware                                     .. Applicant
                          Versus
              The State of Maharashtra                                 .. Respondent
                                         ....................
               Mr. Vipul Dushing a/w. Mr. Tanmay Kate and Mr. Bhagwat Torane,
                Advocates for Applicant.
               Mr. Yogesh M. Nakhwa, APP for Respondent.
                                             ...................

                                            CORAM : MILIND N. JADHAV, J.
                                            DATE          : SEPTEMBER 30, 2026
              P.C.:

              1.        Heard Mr. Dushing, learned Advocate for Applicant and Mr.

              Nakhwa, learned APP for Respondent.


              2.        This is an Application under Section 483 of Bharatiya

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

              No.382 of 2025 registered with Dighi Police Station for offences

              punishable under Sections 103(1), 324(4) and 3(5) of the Bharatiya

              Nyaya Sanhita, 2023.


              3.        The Applicant is a woman and a young offender. By

              profession, she is a gymnasium trainer and a partner in a shop which

              sells materials pertaining to health.


              4.        The record prima facie, shows that the Applicant had

              explicitly sought Police assistance by calling the 112 helpline number



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of the Police one day prior to the incident in view of the aggravated

behavior of the deceased-victim towards her since it has prima facie

come on record that the deceased-victim used to repeatedly harass her

by visiting her shop premises. The prosecution has, pursuant to the

incident in question come up with a story that the Applicant was

considered as a sister by the deceased and he had advanced a sum of

Rs.25,00,000/- to her and he used to repeatedly seek return of the said

amount. There is not an iota of evidence which is collected by the

prosecution post-incident which prima facie shows or proves such a

case of the prosecution. The case of the prosecution is merely based

upon certain statements of witnesses rather interested witnesses which

are themselves on the face of record, contradictory to each other. The

Applicant is incarcerated since 13.08.2025 for over more than one

year.


5.        I am inclined to consider the case of the Applicant for grant

of bail in view of my aforesaid prima facie observation and findings

and more specifically the fact that she is a woman and the bread

earner for her family since the entire livelihood of her family is

dependent on her.

6.        Considering the aforesaid, Applicant is released on bail

subject to following conditions:-

          (i)   Applicant -   Pranjal Dilip Taware is directed to be

                immediately released from prison in connection with

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                                              17.BA.3706.2026.doc


     Crime No.382 of 2025;

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

     furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen

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

     like amount;

(iii) Applicant shall report to the Investigating Officer at

     Dighi 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




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                               (viii)Any infraction of the conditions shall entail cancellation

                                              of bail granted to the Applicant.

               7.              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.


               8.              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:
                           2026.10.01
                           12:17:06 +0530




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