03-ABA-1035-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1035 OF 2026 Amit Suresh Shinde …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Prashant P. Raul a/w Mr. Makarand Shinde & Mr. Suraj, for the Applicant. Mr. Prashant. P. Jadhav, APP, for the Respondent-State. Mr. Toheed Maniyar (Through Video Conferencing) i/b Sarfaraj Shaikh, for Respondent No.2. API Sushil S. Londhe, Warje Malwadi Police Station, Pune City, present. CORAM: MADHAV J. JAMDAR, J. DATED: 07 SEPTEMBER 2026 PC:- 1. Heard Mr. Raul, learned Counsel appearing for the Applicant, Mr. Jadhav, learned APP, for the Respondent-State of Maharashtra and Mr. Maniyar, learned Counsel appearing for Respondent No.2. 2. By this Anticipatory Bail Application filed under Section 438 of the Code of Criminal Procedure, 1973 and under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.57 of 2026 registered with the Warje Malwadi Police Station, Pune City, for the Page 1 Arjun ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.07 21:06:01 +0530 03-ABA-1035-2026.DOC offences punishable under Sections 85, 74, 75, 88, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Raul, learned Counsel for the Applicant, submits that the main allegation against the Applicant-Husband is that the Applicant instructed the Doctor to carry out the miscarriage without the knowledge of the First Informant-Wife and also harassed her. He submits that there are a total of five Accused. The learned Sessions Court, Pune by Order dated 13th March 2026 granted anticipatory bail to Accused Nos.2, 4, 5 and 6. A learned Single Judge by Order dated 1st April 2026 passed in Anticipatory Bail Application No.720 of 2026, granted anticipatory bail to Accused No.3. He submits that, except the Applicant, all the Accused have been granted anticipatory bail. He submits that the main allegation is concerning causing miscarriage. He submits that the Charge-sheet has been filed against all other Accused and the allegation of causing miscarriage has been dropped by the Investigating Agency while filing the Charge-sheet, in view of the Report of the Medical Doctor, wherein it is stated that the procedure was performed after both the husband and wife had given their consent. Mr. Raul, learned Counsel, also submits that Page 2 Arjun 03-ABA-1035-2026.DOC although the Applicant has one antecedent, the same is of the year 2009 and concerning an offence under Section 323 of the Indian Penal Code, 1860 (“IPC”), in which the Applicant was acquitted. 4. On the other hand, Mr. Jadhav, learned APP and Mr. Maniyar, learned Counsel for Respondent No.2/First Informant, strongly oppose the Anticipatory Bail Application. Both of them submit that the First Informant was harassed by the Applicant and procedure was performed without her knowledge and, therefore, the Anticipatory Bail Application be rejected. 5. Perusal of the record shows that, as far as the allegation of causing miscarriage is concerned, the Investigating Agency while filing the Charge-sheet against the other Co-Accused has dropped the said charge in view of the Report of the Doctor who carried out the procedure wherein it is specifically stated that both the husband and wife had given their consent for carrying out the procedure. The documents showing the consent of the First Informant for carrying out the procedure are annexed to the Anticipatory Bail Application. 6. Except the Applicant, the other Co-Accused have been Page 3 Arjun 03-ABA-1035-2026.DOC granted anticipatory bail. The Charge-sheet has also been filed against them. Thus, the investigation is practically completed. 7. There are no other antecedents against the Applicant except the antecedent of the year 2009, concerning an offence punishable under Section 323 of IPC. The Applicant has already been acquitted in that case by Order dated 11th January 2017. 8. Thus, in the facts and circumstances, case is made out for grant of anticipatory bail, by imposing conditions. In view thereof, the following Order is passed: O R D E R (a) In the event of arrest of the Applicant - Amit Suresh Shinde in connection with CR No.57 of 2026 registered with the Warje Malwadi Police Station, Pune City, the Applicant is directed to be released on bail on his furnishing PR Bond in the sum of Rs.30,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 10th September 2026 and 11th September 2026 between 11:00 am and 02:00 pm and, Page 4 Arjun 03-ABA-1035-2026.DOC thereafter, once in a week i.e. on every Monday between 11:00 am and 02:00 pm. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 9. The Anticipatory Bail Application is disposed of accordingly. 10. Mr. Raul, learned Counsel for the Applicant and Mr. Maniyar, learned Counsel for Respondent No.2/First Informant, state that divorce proceedings and proceedings under the DV Act are pending between the parties. Page 5 Arjun 03-ABA-1035-2026.DOC 11. Accordingly, it is clarified that the observations made in this Order are only prima facie observations made for the purpose of deciding the Anticipatory Bail Application. The learned Trial Court, while conducting the trial, as also the learned Courts dealing with the divorce proceedings and the proceedings under the DV Act, shall pass Order uninfluenced by the observations made in this Order. [MADHAV J. JAMDAR, J.] Page 6 Arjun