Bombay High Court

RADHA YUVRAJ ZALKEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

Bail is granted to Radha Yuvraj Zalke.

Summary

The High Court considered the bail application of Radha Yuvraj Zalke, accused No.4 in Crime No. 940 of 2024, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 66(c) of the IT Act, 2000. The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, invoking parity with accused No.1 (Kashmira Sandip Pawar) who had been released on bail by the Supreme Court in Criminal Appeal No. 3723‑3724/2026, and also relied on the benefit of Section 480 for women. The State argued that the allegations against the applicant were similar to those against the other accused. The Court examined the Supreme Court’s reasoning, noting the prolonged detention and the woman's entitlement under Section 480, and found no material distinction. Consequently, the Court granted bail to the applicant subject to standard conditions.

Issues considered

Whether the applicant is entitled to bail on the ground of parity with another accused who was released by the Supreme Court
Whether the applicant, being a woman, is entitled to the benefit of Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 480, 483
Bharatiya Nyaya Sanhita, 2023 — s. 170, 420, 465, 466, 467, 468, 469, 470, 471, 472, 473
Information Technology Act, 2000 — s. 66(c)

Subjects

bail
parity
women's rights
Section 480
criminal procedure
IT Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

98-BA-601-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 601 OF 2026

Radha Yuvraj Zalke … Applicant
Versus
The State Of Maharashtra And Anr. … Respondents

----
 Mr. Rahul Dhaigude a/w. Ms. Preeti Dawada for the Applicant.
 Dr. A.A. Takalkar, A.G.P. for the Respondents-State.
 Officer : Anant S. Kamble, Satara City Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 20th August 2026.

PER COURT :

1. Heard Mr. Rahul Dhaigude, learned Advocate for the Applicant and Dr.

Takalkar, learned A.G.P. for the Respondents-State.

2. By this Application filed under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, the Applicant seeks Regular Bail in connection with

Crime No. 940 of 2024, dated 21/10/2024, registered with Satara City Police

Station, District Satara, for offences punishable under Sections 170, 420, 465,

467, 468, 469, 470, 471, 472 and 473 of the Bharatiya Nyaya Sanhita, 2023

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and Section 66(c) of the Information Technology Act, 2000.

3. Mr. Rahul Dhaigude, learned Advocate for the Applicant states that

Applicant is Accused No. 4 in Crime No. 940 of 2024 which is registered as

R.C.C. No. 60 of 2025 and is pending before the Judicial Magistrate at

Satara. Applicant was arrested on 21st October 2024.

4. Mr. Rahul Dhaigude, learned Advocate for the Applicant, submits that

the Applicant seeks bail in Crime No. 940 of 2024 on the ground of parity. He

submits that Kashmira Sandip Pawar (accused No.1) in Crime No. 940 of

2024, against whom the allegations are more serious and graver than those

against the Applicant, has been released on bail by the Hon’ble Supreme

Court in Criminal Appeal No. 3723-3724/2026 on 7 th August 2026. He

tenders a photostat copy of the order dated 7 th August 2026 passed in

Criminal Appeal No. 3723-3724/2026, which is taken on record and marked

as “X” for identification.

5. Mr. Rahul Dhaigude, learned Advocate for the Applicant submits that

the Applicant is entitled to bail on the ground of parity.

6. Dr. A. Takalkar, learned A.P.P. for the Respondents-State, in all fairness,

submits that the allegations against the Applicant are almost similar to those

against accused No. 1 in Crime No. 940 of 2024.

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7. Perused the record and the order dated 7 th August 2026 passed by the

Hon’ble Supreme Court in Criminal Appeal No. 3723-3724/2026.

8. The Hon’ble Supreme Court, in paragraphs 4 to 9 of the order dated 7 th

August 2026, has observed as follows:

“4. We have heard learned counsel for the parties.

5. The charge-sheet in respect of FIR No. 940 of 2024 was filed
on 18th January 2025 while the charge-sheet in respect of
FIR No. 1059 of 2024 was filed on 17th February 2025.

6. Learned counsel appearing for the respondent-State of
Maharashtra submits that the prosecution proposes to
examine eight witnesses in support of the charges against the
appellant in respect of FIR No. 940 of 2024. In respect of FIR
No. 1059 of 2024, the application for discharge filed by the
appellant is pending; consequently, charges have not yet been
framed.

7. As the matter stands now, the trial will take some time to
conclude. Appellant has been in custody for a little less than
two years. In any event, the appellant is a woman entitled to
the benefit of Section 480 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.

8. Taking an overall view of the matter and particularly in view
of seizure of incriminating documents, we find that further
detention of the appellant in custody may not serve any
useful purpose; hence, we are inclined to accept the appeal

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and grant relief as prayed by admitting the appellant to an
order for grant of bail.

9. Accordingly, we set aside the impugned judgment and order.”

9. Mr. Rahul Dhaigude, learned Advocate for the Applicant, has submitted

that the allegations against Kashmira Sandip Pawar (accused No.1) are more

serious than those against the Applicant. On the allegations in Crime No. 940

of 2024, Kashmira Sandip Pawar (accused No.1) has been released on bail by

the Hon’ble Supreme Court. The Applicant is a woman and would be entitled

to the benefit of Section 480 of the Bharatiya Nagarik Suraksha Sanhita,

2023. There is no material placed on record to demonstrate any

distinguishing circumstances that would warrant a different view in the

case of the Applicant. Mr. Rahul Dhaigude, learned Advocate for the

Applicant, is therefore justified in requesting bail on the ground of parity.

10. In view of the above, the Applicant is entitled to bail, on the following

conditions :

(a) The Applicant - Radha Yuvraj Zalke in the Crime No. 940 of

2024, dated 21/10/2024, registered with Satara City Police

Station, District Satara, shall be released on bail upon furnishing

a PR bond of Rs. 50,000/- (Rupees Fifty Thousand only), with

one or two sureties in the like amount to the satisfaction of the

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Judicial Magistrate First Class, Satara.

(b) The Applicant shall report to the Investigating Officer on the 2 nd

Sunday of each month from 10:00 a.m. to 11:00 a.m., till

further orders from the Trial Court.

inducement, threat or promise to any person/s acquainted with

the facts of the case to dissuade such person/s from disclosing

the facts to the Court or any police officer.

(d) The Applicant shall not tamper with evidence in any manner.

(e) The Applicants shall provide the Investigation Officer with her

residential address along with proof, her contact numbers and

must inform the Investigating Officer of any changes to this

information from time to time.

(f) The Applicant shall regularly appear before the Trial Court in

R.C.C. No. 60 of 2025, unless exempted.

11. The Bail Application No. 601 of 2026 is allowed.

Digitally signed
[ ASHWIN D. BHOBE, J. ]
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.08.21
18:28:15 +0530

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