927-aba1841-26.doc vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1841 OF 2026 Sugandha Subhash Jadhav ...Applicant V/s. State of Maharashtra ...Respondent Mr.Jayesh Rathod with Adv.Anna Maria for the Applicant. Mr.Bapu V. Holambe Patil, APP for the Respondent – State. Mr.Prerana Bankar, PSI, MIDC Police Station, Mumbai is present in Court. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 17TH SEPTEMBER , 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for respondent. 2. The applicant has filed instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre- arrest bail in Crime No. 169 of 2026 dated 27.02.2026, registered with MIDC Police Station, Brihanmumbai, for the offence punishable under Sections 305(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. Learned counsel for applicant submits that the offence is 1/4 VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2026.09.17 19:09:29 +0530 927-aba1841-26.doc registered against unknown persons and the name of this applicant is not mentioned in the FIR. It is pointed out that in the report, the complainant has only expressed suspicion of theft on account of the fact that this applicant was the maid servant at the house of the complainant since about eight years. Learned counsel for applicant submits that this Court has granted interim protection by an order dated 15th July, 2026 and accordingly the applicant has joined in the investigation and attended the Police Station. He therefore, prays for confirmation of the interim protection. 4. Learned counsel for the applicant states that, the applicant is ready to join the investigation and extend cooperation by attending the police station whenever called upon. 5. Learned APP has opposed the application and submitted that there are allegations in the report that the applicant was having an additional key of the house of the complainant. In view of the allegations in the FIR, he submits that detailed investigation is required to be conducted. However, there is no dispute about the contention that the applicant has attended the Police Station in accordance with the interim protection order dated 15th July, 2026. 6. After perusal of the FIR and and the documents placed on record, it is clear that the offence is registered against an unknown 2/4 927-aba1841-26.doc person. The applicant is not named in the FIR. The allegations about theft are based on suspicion. It has to be noted that when the applicant was working with the complainant’s family for about eight years and she has got extra key of the house, there cannot be a presumption that she has committed the offence of theft. As such, at this stage, it appears that the offence is registered only on the basis of suspicion and there is no material to show that any theft is committed by this applicant by stealing the golden ornaments from the locker of the complainant’s house. 7. Considering the fact that the applicant has joined in the investigation and attended the Police Station in accordance with the interim protection order, custodial interrogation of this applicant is not warranted. Accordingly, the interim protection needs to be confirmed subject to certain conditions. 8. Hence I pass the following order :- O R D E R :- a). The anticipatory bail application is allowed. b). In the event of arrest of the applicant in Crime No. 169 of 2026 dated 27.02.2026, registered with MIDC Police Station, Brihanmumbai, for the offence punishable under Sections 305(a) of the Bharatiya Nyaya Sanhita, 2023 3/4 927-aba1841-26.doc (BNS), she be released on bail on furnishing P. R. Bond of Rs.25,000/- .with one solvent surety in the like amount. c). The applicant is directed to attend the Investigating Agency as and when called upon. d). The applicant shall extend co-operation during the investigation and trial. 9. The anticipatory bail application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 4/4