Vaishali Santosh Koli v. State Of Maharashtra

917-BA-1453-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1453 OF 2025 Mrs. Vaishali Santosh Koli ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Sujay N. Gawade a/w Ms. Mudita H. Pawar i/b Shree and Co., learned Advocate for the Applicant.

Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

26th AUGUST 2025.

P.C. :

1.

Heard Mr. Sujay Gawade, learned Advocate for the Applicant. He submits that the Applicant amongst other grounds, is pressing bail on the ground of non-compliance with the provisions of Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short). He submits that as per the records placed by the prosecution before the Trial Court, the only document in the context of arrest of the Applicant, is the Suchana Patra dated 25th July 2024, which is at Exhibit-I (page no. 422 of the paper-book). He submits that even in the Affidavit dated 1st March 2025 filed by the prosecution in Criminal Bail Application No. 77 of 2025, the prosecution has made evasive statements with regards to the specific ground raised by the Applicant in the context of noncompliance with the requirements of provisions of Section 47 of the BNSS. He submits that arrest of the Applicant is illegal for non Gitalaxmi

917-BA-1453-2025.doc furnishing of the grounds of arrest.

2.

Mr. Tanveer Khan, learned A.P.P. appears on behalf of the State/Respondent seeks time to take instructions and thereafter to deal with the said contentions raised by the Applicant. 3.

At the request of Mr. Tanveer Khan, learned A.P.P. for the State/Respondent and by consent of the parties, list the matter on 12th September 2025.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.08.26 19:04:26 +0530 GITALAXMI KRISHNA KOTAWADEKAR Gitalaxmi