Sarala Santosh Patil v. The State Of Maharashtra And Another

2026:BHC-AUG:18563 1 bs 464.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 464 OF 2026 Sarla Santosh Patil, Age : 39 Years, Occu. : Household, R/o Pournima Bangala, Kolhe Nagar, Ramanand, Tq. & Dist.

Jalgaon.

.. Applicant

Versus

The State of Maharashtra and another .. Respondents Shri D. R. Kale, Advocate for the Applicant.

Shri G. O. Wattamwar, A.P.P. for the Respondent No. 1. Ms. Priyanka V. Giri, Advocate for the Respondent No. 2 - (appointed).

CORAM : SHAILESH P. BRAHME, J.

DATE : 24TH APRIL, 2026.

FINAL ORDER :

.

Heard both sides.

2.

The applicant is seeking enlargement on bail in connection with Cr. No. 325/2025, registered with Ramanand Nagar Police Station, Jalgaon, Dist. Jalgaon, for the offences punishable under Sections 64, 64(2)(m), 74, 87, 96, 143(4), 144, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sec. 4, 8, 12 and 16 of the POCSO Act and Section 3, 4 and 5 of the PITA Act. She is arrested on 13.09.2025. Present one is post charge sheet application.

2 bs 464.26 3.

The respondent No. 2 - minor reported to the police that she was acquainted with co-accused Neha Sonar. She was in need of money and she was fallen pray of inticement of Neha. She was introduced to the applicant and co-accused in June 2025. Applicant and her husband are alleged to have promised the victim to get lucrative amount subject to compromising the character and dignity. They are alleged to have brought the customers and subjected the victim for prostitution. She was being impregnated also. It is alleged that applicant indulged in immoral trafficking knowing that the victim was minor. 4.

Learned counsel for the applicant submits that it is difficult to perceive the story narrated by the informant. Applicant is falsely implicated in the offence. She did not play any direct role. The conduct of the victim is suspicious. My attention is adverted to the statement of the mother of the victim. The victim herself subjected to prostitution for money. 5.

Per contra, learned A. P. P. repels the submissions by pointing out that the statement of the victim U/Sec. 183 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and FIR are consistent. The supplementary statement also corroborates the theory and the incriminating role of the applicant. My attention is adverted to first information report in Cr. No. 68/2026 registered against the applicant to indicate that she did not spare even her own daughter. Application is liable to be rejected.

3 bs 464.26 6.

Applicant and her husband who is co-accused are alleged to have taken disadvantage of informant and dragged her to the prostitution. They are alleged to have made available the customers and provided a place. A fact is noticed that informant was not happy with her mother and she was in need of money as her father was no more. On couple of occasions she had run away from house without informing mother. There is reason to believe that she wanted money and voluntarily subjected herself for prostitution.

7.

The statement of her mother fortifies the submission of the learned counsel for the applicant that on couple of occasions victim had left the home and she was not happy with her mother. There is no material on record to indicate that applicant was aware of the age of the victim and she was directly approached by her. Victim was introduced by co-accused Neha with the applicant. It is not case of the prosecution that the victim was compelled and harassed for subjecting her for prostitution. The supplementary statement of the victim also creates doubt about her conduct.

8.

I have considered FIR in Cr. No. 68/2026. Applicant is alleged to have been involved in similar type of offences and the victim is said to be her own daughter. Her involvement in the offence cannot be said to be aggravated circumstance. There is absence of any incriminating role in the present matter against the applicant. The incarceration is sufficient enough. Applicant

4 bs 464.26 is entitled to be released on bail. I, therefore, pass following order.

O R D E R

A.

The bail application is allowed.

B.

Applicant - Sarla Santosh Patil shall be released on bail in respect of Cr. No. 325/2025, registered with Ramanand Nagar Police Station, Jalgaon, Dist. Jalgaon, for the offences punishable under Sections 64, 64(2)(m), 74, 87, 96, 143(4), 144, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sec. 4, 8, 12 and 16 of the POCSO Act and Section 3, 4 and 5 of the PITA Act on condition of furnishing P. R. bond and S. B. of Rs. 30,000/- (Rs. Thirty thousands only) with one solvent surety of like amount. C.

The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.

D.

Applicant shall cooperate for expeditious disposal of the trial.

E.

The applicant shall surrender her Aadhar and Pan cards before the Investigating Officer.

F.

The applicant shall stay away from Jalgaon city till conclusion of the trial, save and except for attending the dates of trial.

5 bs 464.26 G.

Learned counsel for the respondent No. 2 has rendered her assistance while disposing of the matter. For her assistance her fees is quantified at Rs. 6,000/- (Rs. Six thousands only). H.

Bail application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/April 26