4-ABA-1580-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1580 OF 2026 Shivganga Mahadev Shirsath @ Shivganga Shriram Misal ...Applicant V/s. State of Maharashtra and Anr. ...Respondents Mr. Shekhar Jagtao a/w Mr. Ajinkya Jagdale, for the Applicant. Ms. Megha S. Bajoria, APP for the Respondent – State. Mr. Pradip Ambivale, ASD, Vishnu Nagar Police Station, Dombivali, Dist. Thane, is present. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 23 rd SEPTEMBER , 2026. P.C. :- 1. Heard the learned counsel for applicant as well as learned APP for respondent. 2. The instant application is filed under Section 482 of Bharatiya Nagarik Suraksh Sanhita, 2023 (for short, “BNSS”). The applicant is apprehending arrest in Crime No. 168 of 2026 dated 01.06.2026, registered with Vishnu Nagar Police Station, Dombivali, Dist. Thane, for offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 1/3 4-ABA-1580-2026.doc 3. The FIR is registered on the basis of report lodged by the complainant alleging that this applicant who is wife of the deceased had abated suicide of the deceased, who was brother of the complainant. 4. Learned counsel for applicant submits that applicant is a lady Police Constable serving at ACP Office, Dombivali Division, Dombivali (West), Dist. Thane. It is pointed out that the alleged offence has occurred in April-2026 and the FIR is registered on 01.06.2026, on the basis of the allegations made by the brother of the deceased. He submits that there is nothing to show any act of abetment of suicide on the part of the applicant and thus the applicant is falsely implicated. This apart, learned counsel for the applicant, on instructions, makes a statement that the applicant is ready to cooperate the investigating agency by surrendering her mobile phone and giving her voice sample as required by the Investigating Officer. 5. The learned counsel for applicant submits that in accordance with interim protection order dated 18th June 2026, this applicant has joined the investigation and attended the Police Station and therefore prays for confirmation of interim protection. He also states that charge sheet is filed and there is no question of recovery 2/3 4-ABA-1580-2026.doc from this applicant. 6. The learned APP submits that there are allegations in the FIR about abatement of suicide by this applicant. She however does not dispute contention that charge sheet is already filed and this applicant has joined the investigation by attending the Police Station. 7. Considering the nature of the allegations against the applicant and on perusal of FIR, it appears that the offence is registered after delay of about 35 days. The applicant is a lady Police Constable in service and hence her presence can be secured by directing her to report to the investigating officer. In view of all these aspects, the personal liberty of the applicant needs to be protected, at this stage, by granting pre-arrest bail. 8. In view of the fact that now the charge sheet is filed and this applicant has attended the Police Station in accordance with interim protection order, the interim protection is hereby confirmed on the same conditions, by modification of condition No. 5 that the applicant shall attend the Police Station as and when called upon. 9. Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 3/3