Shital Sunil Jagtap v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 36 OF 2026 Vanita Bipin Alias Vipin Patel ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. Kalpesh Patil a/w Mr. Abhaysinh Patil for the applicant Mr. S. N. Deshmukh APP for the State

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

21st JANUARY 2026.

P.C.

1.

By this application, applicant is seeking regular bail in C.R. IRESH MASHAL No. 713 of 2025 registered with Sangli City Police Station, District by IRESH MASHAL Date:

2026.01.21 20:14:08 +0530 Sangli for offences punishable under Sections 137(2), 127(3), 87 and 142 read with 3(5) of Bhartiya Nyaya Sanhita, 2023. 2.

Prosecution case in short is that, on 25.12.2025 at about 11.00 a.m. the applicant, her son and her father-in-law, went to godown near Go-Gas pump, by pass road, Sangliwadi, Miraj. They called victim aged 17 years 8 months near them and while talking with her, the present applicant, her son forcibly caught hold hand of the victim and took her on two wheeler vehicle like Scooty towards Shiv-Shambhu Chowk. Then the informant, father of the victim and others searched the victim and applicant, but they could not find

them. Thus, the informant lodged FIR that three accused forcibly kidnapped his minor victim daughter. On such report, present crime is registered at 00.27 hours of 26.12.2025.

3.

Heard learned advocate for the applicant, learned APP instructed by the Investigating Officer who is present in the Court. Perused the record.

4.

The Investigating Officer was questioned about the propriety of arresting the applicant. She submits that the informant has stated in the F.I.R. that the applicant and her father-in-law helped her son to elope with the minor victim. The applicant was not disclosing the whereabouts of her son and victim, therefore, she was arrested. Merely because the applicant was not disclosing the whereabouts of her son and victim, cannot be said to be a sufficient ground to arrest her. The Investigating Officer prima facie appears to have arrested the applicant under the pressure of the informant. The arrest of the applicant, in the facts and circumstances of the present case, appears to be unnecessary.

5.

The minor appeared before the police on 11th January 2026 wherein, she has stated that she called the son of the applicant-Varun and asked him to take her away, otherwise she will commit suicide. Therefore, on the date of incident, at her request, Varun came there alongwith his grand father and the applicant. There, she told Varun

that she should be taken away, as her family is looking for a suitable match for her and she is not ready for the marriage. But her parents were not ready to listen to her. She also told that if Varun does not take her away, she will commit suicide. Varun therefore, agreed to take her away. Thereafter, Varun took her on his motorcycle and they went to Karad and stayed at his uncle's closed house. They stayed there till the groceries in the house finished. Thereafter, she and Varun came to Sangli City Police Station.

6.

In the light of the above facts, further custodial detention of the applicant is not necessary. She being a lady, she is entitled to be released on bail.

7.

In the result, the application is allowed.

8.

The applicant Vanita Bipin Alias Vipin Patel be released on bail in connection with C.R. No. 713 of 2025 registered with Sangli City Police Station, District Sangli for offences punishable under Sections 137(2), 127(3), 87 and 142 read with 3(5) of Bhartiya Nyaya Sanhita, 2023 on executing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount. 9.

The applicant shall not tamper prosecution evidence. (NITIN B. SURYAWANSHI, J.)