14.BA.3267.2026.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.3267 OF 2026 Minal Omkar Sakpal .. Applicant Versus The State of Maharashtra .. Respondent .................…  Mr. Aniket Vagal a/w. Ms. Savvy Kolhekar and Ms. Juhi Kadu, Advocates for Applicant.  Ms. Shilpa G. Talhar, APP for Respondent – State. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 31, 2026 P.C. : 1. Heard Mr. Vagal, learned Advocate for Applicant and Ms. Talhar, learned APP for Respondent. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.449 of 2025 registered with Yerwada Police Station for offences punishable under Sections 143(2), 143(3), 143(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 75, 80, 81, 87 of the Juvenile Justice (Care & Protection) Act, 2015. 3. Applicant seeks bail. She is a 30 year old mother of three minor children out of whom two are infact as on date been taken care of by two different child care Institutions. One of the older daughter of 1 of 6 14.BA.3267.2026.doc Applicant who is 16 years old is residing with her grandmother. Applicant was directed to file the Affidavit by giving instruction to her Advocate on the previous date with regard to status of Applicant’s children. 4. Mr. Vagal has taken instructions from Applicant and has filed a comprehensive and detailed Affidavit dated 31.08.2026 and I have gone through the same. Prima facie what Mr. Vagal has stated in the said Affidavit is believable and there is no reason whatsoever to disbelieve the same. On the issue of merits, it is prima facie seen that there are total six accused persons in the present crime. The Applicant and her husband are arraigned as Accused Nos.1 and 2 in the crime. The Applicant is Accused No.2. 5. According to the prosecution case, which can be seen prima facie from the First Information Report stated, appended at page No.8 dated 04.07.2025, the Applicant herself alongwith her husband, Accused Nos.1 and 3 visited the police station at 1:00 a.m. on the intervening night between 03.07.2025 and 04.07.2025 to lodge a complaint regarding the role of Accused Nos.4 and 5 in sale of Applicant’s 40 day old daughter to Accused No.6 the Purchaser. 6. Accused Nos.4 and 5 are husband and wife. Accused No.6 is the purchaser of the said minor infant child. Accused Nos.3, 4, 5 and 6 are all been released on bail. The Applicant is incarcerated in prison 2 of 6 14.BA.3267.2026.doc since 04.07.2025 for 1 year and 1 month. According to the Applicant and as argued by Mr. Vagal, it is seen that the prosecution story on the face of record is disbelievable, primarily because if the Applicant was indeed involved in the sale of her own child, she would not have approached the Police Station in the first instance. The prosecution story is that though the Accused Nos.1 and 2 have received Rs. 3.5 Lakhs from the purchaser through the agents, namely Accused Nos.4 and 5. The statements which are recorded however prima facie show that the concerned agents,Accused Nos.4 and 5 are the real perpetrators of the crime as they have received a lion's share of the money given by Accused No.6. 7. Statements of all Accused persons have also been recorded by the prosecution. Indictment of the Applicant is solely on the basis that she alongwith her husband attempted to sell her own 40 day old girl child to Accused No.6 through Accused Nos.4 and 5. Save and except this indictment as can be seen in the prosecution case, there is no specific role or material on record to prima facie show and attribute role of the Applicant. Complaint is lodged by the Police Constable himself. Applicant being the mother has otherwise accompanied her husband and also another Accused namely Accused No.3 to the police station to lodge her complaint and all 3 have been detained. All other Accused have been released on bail. The Applicant before me has 3 minor children to provide care and support. Accused No.1 being the 3 of 6 14.BA.3267.2026.doc husband is also incarcerated alongwith her. The said 40 day old girl child of the Applicant was infact reunited by the Police Authorities on 04.07.2025, which is prima facie evident from the statement of the Complainant, who is a Police Constable, but it is shocking and equally surprising that immediately thereafter the child and the mother were separated and the Applicant was arrested whereas the child was sent to a child care home in Pune. 8. Mr. Vagal has provided all details with regard to the status of the 3 minor children of the Applicant. Considering the aforesaid facts, which prima facie are to some extent convoluted and suspicious with regard to the facts and the specific role of the Applicant as laid out by the prosecution, in view of the Applicant being a mother to 3 minor children and above observations, I am inclined to grant the Applicant's Application for bail. She is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 449 of 2025; (ii) Applicant is directed to be released on cash bail of Rs. 5,000/- (Rs. Five Thousand only) with one or more surety of the like amount; (iii) Applicant, is ordered to be released on cash bail of Rs.5,000/- (Rs. Five Thousand only) and shall furnish 4 of 6 14.BA.3267.2026.doc one or two sureties of the like amount within a period of one month from her date of release; (iv) Applicant shall report to the Investigating Officer at the concerned Police Station as and when called for; (v) 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; (vi) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (viii)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 (ix) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. 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 observations on merits of the case. The trial shall be adjudicated on 5 of 6 14.BA.3267.2026.doc 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. 10. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 6 of 6 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.01 10:48:00 +0530