1-ABA-1547-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1547 OF 2026 Mohit Bhanu Prakash Gupta And Ors …Applicants Versus The State of Maharashtra And Anr. …Respondents Adv. Ashok Kumar Dubey i/b SAVJ Law Solutions, for the Applicants. Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State. API Dilip A. Rahate, Manpada Police Station, Thane, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 24TH AUGUST 2026 P.C:- 1. Heard learned counsel for applicants. 2. By this application, the applicants have sought for transit anticipatory bail in Crime No. 153 of 2026 registered with Kotwali Nagar Police Station, Dist. Sultanpura, State of Uttar Pradesh, for the offence punishable under Section 3 and 4 of Dowry Prohibition Act, 1961 and Sections 351(3), 352, 115(2) and 85 of the Bharatiya Nyaya Sanhita, 2023. 3. Since the offence is registered with Kotwali Nagar Police Station, Dist. Sultanpura, State of Uttar Pradesh by order dated 24th August 2026 1-ABA-1547-2026.ODT 19th February 2026, a notice was issued to be served upon the Senior Police Inspector of Kotwali Nagar Police Station, Dist. Sultanpura, State of Uttar Pradesh. The applicants submit that they have taken all the steps for effecting service by regular mode and have also filed an affidavit of service stating therein that an intimation by e-mail was sent for effecting service upon respondent no.3 however, nobody appears on behalf of respondent no.3. 4. Learned APP who appears on behalf of Manpada Police Station is not in a position to make any submissions on merits on behalf of Kotwali Nagar Police Station, Dist. Sultanpura, State of Uttar Pradesh. 5. Learned counsel for applicants pointed out that the applicants nos. 1 to 3 have apprehension of arrest in view of a matrimonial dispute in between applicant no.1 and his wife. The apprehension of arrest is based on the report lodged by the wife of applicant no.1 at Sulanpura, State of Uttar Pradesh on the basis of which FIR is registered and therefore, this transit anticipatory bail is sought for. Page 2 of 4 24th August 2026 1-ABA-1547-2026.ODT 6. It has to be noted that the applicants are claiming to the residents of Dombivali (East), District Thane and in view of apprehension of arrest, they have filed an instant application. The reliance is placed by the counsel for applicants on the judgments of the Hon’ble Supreme Court in the matter of Priya Indoria Vs. State of Karnataka, reported at 2024(4) SCC 749 for pointing out the position of law with respect to the transit anticipatory bail and has prayed for interim protection in view of the matrimonial dispute between the parties and likelihood of arrest of these applicants. Learned counsel for applicant also states that there are no criminal antecedents against any of the applicants. 7. It is also crucial to note that the applicants have filed instant application directly before this Court without approaching to the Sessions Court which has got concurrent jurisdiction. Reference need to be made to observations of Hon’ble Supreme Court in the matter of Mohammad Rasal. C & Anr. Vs. State of Kerala & Anr. in SLP (Cri) No. 6588 of 2025 dated 8th September 2025, in which the Hon’ble Supreme Court has observed that the hierarchy of the Court demands that the person seeking pre-arrest bail should not be allowed or 24th August 2026 1-ABA-1547-2026.ODT encouraged to bypass the jurisdiction of the concerned Sessions Court. 8. In view of the above, without recording any observation on merits of the matter, the applicants are permitted to approach to the concerned Sessions Court for the purpose of seeking protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. However, considering the fact that there are no criminal antecedents against these applicants, only for enabling them to file appropriate application, the applicants are granted ten (10) days protection from arrest . 9. In view of these directions the application is disposed of with liberty to the applicants to approach to the concerned Sessions Court for seeking appropriate order. 10. Accordingly, instant Anticipatory Bail Application is disposed of. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 24th August 2026