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. 1 of 4 45. BA-3672-26.odt 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 2 of 4 45. BA-3672-26.odt 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 3 of 4 45. BA-3672-26.odt 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. 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. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.30 14:49:23 +0530