1 16-Cr.BA-878-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 878 OF 2026 Rekha Appaji Pujari -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. M.N. Ali, Advocate for the Applicant. Mr. A.B. Badar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 25, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.235/2023 for the offences punishable under Sections 363, 370, 506 read with 34 of the Indian Penal Code, 1860, registered with Police Station Jaripatka, District Nagpur. 3. The First Information Report was lodged by the informant alleging that, after the birth of her child in March 2022, accused Nos.1 and 2 took the child from her on the pretext of showing him to a doctor and thereafter did not return him. It is alleged that the accused informed the informant that the child had been given to another person and threatened her with dire consequences if she Piyush Mahajan 2026:BHC-NAG:11091 2 16-Cr.BA-878-2026 approached the police. The informant further alleged that the accused, in furtherance of their common intention and for monetary gain, had taken away and sold her newborn child. Accordingly, the F.I.R. came to be registered. 4. The learned counsel for the applicant raised the ground of “delay in trial.” He submits that the applicant was arrested on 12/04/2023. More than 3 years and 4 months are over, however, till today, except framing of the charges, there is no progress in the trial. Not a single witness has been examined. He further submits that the charges were framed on 09/10/2025. Though summons were issued to the witnesses, the Police/Investigating Agency has failed to serve the summons, and therefore, the trial was prolonged. The applicant is not at fault, it is the prosecution that has failed to conduct the trial in a speedy manner. Therefore, he submits that the fundamental right guaranteed under Article 21 of the Constitution of India of speedy trial has been grossly violated, and therefore, he prayed to grant bail, as the applicant is behind bars for a period of more than 3 years and 4 months. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that one identical crime is registered against the Piyush Mahajan 3 16-Cr.BA-878-2026 applicant. It cannot be said that there is any “delay in trial.” It is not the prosecution that can be said to be responsible for the delay. He further submits that the offence is serious and is related to trafficking of a child. Under such circumstances, he submits that the applicant may not be released on bail. 6. I have considered the rival submissions. This Court has called for the status report from the Trial Court, and accordingly, it was received. After perusal of the status report, it could be gathered that though the charge-sheet was filed on 19/07/2023, however, the charges were framed on 09/10/2025, after a period of more than 2 years and 3 months. It could be further gathered that though the witness summons were issued on 31/10/2025, till today, the witness summons are not served on the witnesses. In paragraph No.8, the Court has given the dates on which the matter was kept, however, the prosecuting agency/police has failed to serve the summons on the witnesses. It is further stated in the status report that the informant is not traceable. It is observed in the status report that the concerned Police Station has not taken prompt steps to proceed with the trial and has also not shown any promptitude to serve the summons to the witnesses. Considering the status report, the entire blame has been put on the Piyush Mahajan 4 16-Cr.BA-878-2026 prosecution/investigating agency for failing to serve the summons on the witnesses. Be that as it may, it is an admitted fact that the applicant was arrested on 12/04/2023. No doubt, one other crime is registered against the applicant involving a serious offence, however, considering the long incarceration of 3 years and 4 months, I am of the considered opinion that the applicant cannot be kept behind bars for an indefinite period, since, in the charge-sheet, a total of 13 witnesses are shown. One does not know when all the witnesses will be examined, and therefore, I am inclined to grant bail by imposing stringent conditions. Hence, the following order:- O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Rekha Appaji Pujari) be released on regular bail in connection with Crime No.235/2023 for the offences punishable under Sections 363, 370, 506 read with 34 of the Indian Penal Code, 1860, registered with Police Station Jaripatka, District Nagpur, on her furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; Piyush Mahajan 5 16-Cr.BA-878-2026 (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence; (iv) The accused shall provide her residential address and cell number to the Police Station concerned and shall not change her place of residence without prior intimation to the Investigating Agency; (v) The applicant shall not commit similar type of offence in future. In case, she commits similar offence, the State / Investigating Agency is at liberty to seek cancellation of the present bail; (vi) Once the trial commences, the accused shall attend each and every date of trial regularly. If she fails to attend the trial subject to genuine reason to the satisfaction of trial court, or fails to comply with the aforesaid conditions, her default would entail the State to ask for cancellation of bail; (vii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; Piyush Mahajan 6 16-Cr.BA-878-2026 (viii) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 25/08/2026 18:22:22