55. BA 3576-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3576 OF 2026 Dr. Kishor Shivajirao Dange .Applicant Vs. The State of Maharashtra & ors. .Respondents Mr. Niranjan Mundargi a/w. Ms. Keral Mehta, Mr. Mithilesh Mishra, Ms. Pooja Khandekar & Ms. Aisha Shaikh, Advocates, for the Applicant Ms. Sangeeta Phad, APP, for Respondent No. 1 – State CORAM : MILIND N. JADHAV, J. DATE : 17.09.2026 P. C. 1. Heard Mr. Mundargi, learned Counsel for the Applicant and Ms. Phad, learned APP for Respondent No. 1 – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No.123 of 2026 registered with Malegaon Camp Police Station, District - Nashik for offences punishable under Sections 64, 65, 70(2), 61(2), 137(2), 140(3), 143(4), 190, 283 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), under Sections 4, 6, 17 & 21 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO”) and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Anand 1 of 7 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.18 10:30:03 +0530 55. BA 3576-26.doc 3. The Applicant is arraigned as Accused No. 5 in the present crime. The Applicant is 62 years old and a Doctor by profession. He runs a hospital in Malegaon called Hirai Hospital. In the aforesaid crime, he has been arrested on 07.06.2026. Presently, he was granted interim bail on the medical ground of his mother by this Court. The Application is heard on merits for grant of bail. Investigation is completed. Charge- sheet has already been filed on 04.08.2026. The charge against the Applicant, as propounded by the prosecution is at page No. 268. There are three specific charges, as can be seen from the prosecution case. (i) That the Applicant caused delivery of a minor patient; (ii) That he was instrumental in destroying evidence with regard to the paper work and the CCTV footage and (iii) That in the said hospital, he is charged with provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (for short “PCPNDT”). The three charges as appearing on page No. 268 are attempted to be justified by the learned APP. On a candid question being asked by the Court as to whether there is any material to show prima facie involvement of the Applicant, the answer is in the negative. The same is not shown to the Court. Insofar as the incident in question is concerned, there are a total number of 13 Accused persons. The charges under the BNS Act as well as the POCSO Act prima facie do not apply to the Applicant save and except Section 190 of the BNS Act leading to destruction of evidence which the prosecution has not been able to show prima facie on the basis of the Anand 2 of 7 55. BA 3576-26.doc investigation done by them. The second charge with regard to Section 21 of the POCSO Act that the Doctor did not inform about the delivery cannot be attributed to him. On the date of the incident which occurred on 03.06.2026, the victim/prosecutrix delivered in the hospital of the Applicant in an emergency situation. Admittedly, the material on record shows that the Applicant was not present and he was away in Kerala between 31.05.2026 and 05.06.2026 and even thereafter, when he returned back and he stayed at Manmad with his mother which has been noted in one of the orders of trial Court which is on record. The charge of the prosecution itself states that the Anesthesia Doctor and the Gynecologist Doctor were the persons who treated the victim in an emergency situation for the purpose of delivery and immediately thereafter due to the precarious condition of the infant, recommended for further treatment to another hospital. The decision with regard to the treatment rendereded to the prosecutrix was taken by the daughter of the Applicant which was conveyed on phone by her to the two Doctors who were present in the hospital. The said daughter of the Applicant as well as the Applicant have both been charged with the third limb of the offence namely with regard to determination of the sex of the new born child. To that extent, save and except, the charge being levied there is nothing incriminating which is shown on record which shows the nexus of the Applicant to such a charge. 4. Ms. Phad, learned APP has vehemently argued that the charge at page No.268 is required to be proved to the contrary by the Applicant. I am afraid, Anand 3 of 7 55. BA 3576-26.doc it is not so when the prosecution comes with a case, the prosecution’s investigation and the Charge-sheet has to show a prima facie case as against the Applicant. The most important issue is that the Applicant before me was not involved even in giving any instructions whatsoever qua the delivery of the prosecutrix made in his hospital during his absence. The roles which are attributed to several other co-accused persons who are released and enlarged on bail include their physical presence at the hospital as well as their involvement in the medical procedure, preparation of records which is prima facie clearly distinguishable qua the role of the present Applicant. 5. In view of the aforesaid prima facie observations and findings and 7 out of the 13 Accused persons having been enlarged on bail and considering the role of the Applicant, I am inclined to allow the present Application for bail. 6. Since by virtue of order dated 03.09.2026, the Applicant has already been enlarged on interim bail by this Court, the Applicant is directed to submit surety bond of Rs. 25,000/- as directed in this order before the trial Court. All formalities are directed to be completed before the trial Court in view of the fact that the Applicant is already on interim bail. 7. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Dr. Kishor Shivajirao Dange is directed to be immediately released from prison on bail in connection Anand 4 of 7 55. BA 3576-26.doc with CR. No. 123 of 2026; (ii) The Applicant is permitted to furnish provisional cash bail of Rs.25,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs.25,000/- within a period of four weeks after his release which shall be accepted by the Trial Court. The Applicant shall provide sureties as directed to the trial Court; (iii) The Applicant shall report to the Investigating Officer at Malegaon Camp Police Station, Nashik twice every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; Anand 5 of 7 55. BA 3576-26.doc (v) The Applicant shall not leave the Country without the prior permission of the Trial Court and he shall deposit his passport with the Trial Court on his release; (vi) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 8. 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 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. Anand 6 of 7 55. BA 3576-26.doc 9. The Bail Application No. 3576 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 7 of 7