18.BA.3591.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION 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 1 of 4 18.BA.3591.2026.doc 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 2 of 4 18.BA.3591.2026.doc 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 3 of 4 18.BA.3591.2026.doc 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. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.23 19:47:48 +0530