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Bombay High CourtABA/89/2026disposed off

Kailassing Darasingh Bhada v. State Of Maharashtra Thr Pso., Ps Hinganghat And Dist. Wardha

2026-02-04Hon'Ble Shri Justice M. W. Chandwani4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.89 OF 2026 Hema Ravi Halvadiya ...Applicant

Versus

The State of Maharashtra

...Respondent

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2026.01.13 21:47:21 +0530 ARJUN VITTHAL KUDHEKAR Mr. Rahul B Kadu, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

13 JANUARY 2026 PC:- 1.

Heard Mr. Kadu, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the Respondent-State of Maharashtra.

2.

By the present Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.352 of 2025 registered with the Swargate Police Station, Pune City, for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The prosecution case is set out in Paragraph No.2 of the Order dated 8th January 2026 passed by the learned Additional

Sessions Judge, Pune in Criminal Bail Application No.8539 of 2025, which reads as under :- "2] Informant Hitendra Jayantilal Somani lodged report with Swargate Police Station. He alleged that both applicants are his sisters. On 09/10/2023 his mother passed away. She was having Bank locker in State Bank of India, Tilak road Branch, Pune jointly in her name and in the name of both applicants. His sisters have replaced the original gold ornament of his mother and also removed the necklace of their grandmother for their own benefit. Based on this information police has registered the crime against accused."

4.

It is the submission of Mr. Kadu, learned Counsel for the Applicant that the false FIR has been filed, as there is a family dispute. He submits that the First Informant is the brother of the present Applicant. He further submits that the Applicant will cooperate with the investigation.

5.

On the other hand, Ms. Yadav, learned APP, submits that the offence is very serious. The Applicant is not cooperating with the investigation and therefore the Anticipatory Bail Application be rejected.

6.

Perusal of the record shows that the Applicant is a woman. The First Informant is the brother of the present Applicant. 7.

Mr. Kadu, learned Counsel for the Applicant, submits that the Applicant resides at Ahmedabad, Gujarat and she is a cancer patient.

8.

Accordingly, in the facts and circumstances, case is made out for grant of anticipatory bail.

9.

In view thereof, the following Order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Hema Ravi Halvadiya, in connection with CR No.352 of 2025 registered with the Swargate Police Station, Pune City, she be released on bail on her furnishing PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station on 19th January 2026, 20th January 2026 and 21st January 2026 between 11:00 am to 02:00 pm

and thereafter as and when called by the Investigating Officer till filing of the Charge-sheet and shall cooperate with the investigation.

(c) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

10.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]