Disha Ramesh Mishra v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3282 OF 2025 Dr. Rohit Rakesh Chaturvedi ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents.

WITH INTERIM APPLICATION NO. 4797 OF 2025 ..............

Mr. Prashant Pandey a/w. Ms Ridhima Mangaonkar, Mr. Dinesh Jadhwani, Ms Sumati Gupta i/b Mr.Tushar N. Halwai for the Applicant.

Mr. P.H. Gaikwad, APP for the Respondent/State. Mr. Rajhans M. Gajare a/w. Adv. John Bosco R. for the Respondent No.2/Intervener.

..............

CORAM

:

N.R. BORKAR, J.

DATE :

13.03.2026.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 722 of 2025 registered at Rabale Police Station, Navi Mumbai for the offences punishable under Sections 74, 76, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The applicant is a doctor. The applicant and the first informant are cousins. It is the case of the prosecution that on 29th September 2025 at about 1.30 am, the first informant experienced an anxiety attack and was admitted to Heritage Hospital, which is run by the applicant. It is alleged that on 2nd October 2025, at 1/4

about 1.30 am, the applicant visited the ward where the first informant was admitted for a routine check up and asked her to accompany him to his chamber. It is alleged that when the applicant and the first informant were in the chamber of the applicant, the applicant started sharing his personal distress and initiated a conversation concerning physical intimacy. It is alleged that the present applicant thereafter physically assaulted the first informant and torn her clothes.

4.

I have heard the learned counsel appearing for the applicant, the learned APP for the respondent / State and the learned counsel for the first informant.

5.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in view of a long standing family dispute between the parties. It is submitted that on the relevant date, the applicant had advised the first informant to return home, however, she refused. It is further submitted that the first informant became agitated when the applicant refused to give her money and started assaulting the applicant with kick and fist blows. It is further submitted that there is no need of custodial interrogation and the applicant is ready and willing to cooperate in the investigation. It is further submitted that there are no other criminal antecedents against the applicant.

6.

On the other hand, learned APP for the respondent/State and the learned counsel for the first informant submit that nothing is 2/4

placed on record in respect of alleged family dispute between the parties. It is submitted that if there would have been any dispute, the applicant would not have admitted first informant in his hospital. It is submitted that considering the nature of crime, the applicant may not be released on anticipatory bail. 7.

I have perused the first information report and the statements of witnesses. Prima facie, the version of the first informant appears to be improbable. Nothing is to be recovered at the instance of the applicant and therefore, custodial interrogation of the applicant is not necessary. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.722 of 2025 registered at Rabale Police Station, Navi Mumbai for the offences punishable under Sections 74, 76, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount. 3/4

C) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.

8.

The Application for Anticipatory bail is disposed of in the aforesaid terms.

9.

Pending Interim Application stands disposed of. [N.R.BORKAR, J.] 4/4