Mehak Prashant Misal v. The State Of Maharashtra And ORS

910-ABA-106-2026 @.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by HARISH VITHAL CHAUDHARI Date:

2026.02.24 19:07:18 +0530 HARISH VITHAL CHAUDHARI CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.106 OF 2026 Mehak Prashant Misal ...Applicant Vs The State Of Maharashtra And Ors

...Respondents

*** Mr. Somnath Thengal for the Applicant.

Mrs. P. S. Rane, APP for the Respondent No. 1-State. ***

CORAM

:

M. M. SATHAYE, J.

DATE :

24th FEBRUARY 2026.

P.C.

1.

Heard learned counsel for the Applicant and learned APP for the Respondent Nos. 1 and 2.

2.

Issue notice to Respondent No. 3, returnable on 16.03.2026. Notice of Respondent No. 3 to be served through the concerned Investigating Officer.

3.

According to FIR, the Applicant called the Complainant at her residence on 12.01.2025, however, the Complainant could not go. Thereafter, on 13.01.2025 again the Applicant called the Complainant contenting that the Applicant had quarrel with her husband. According to FIR, the Applicant made the the Complainant call Applicant's husband from mobile of the Complainant and insisted that the Applicant's husband drops the Complainant back home. It is alleged that while taking the complainant home, the Applicant's husband has committed sexual harassment/ assault by threatening with knife.

4.

Learned counsel for the Applicant submitted that there are no allegations of sexual harassment or assault or criminal intimidation or violation of the externment order against the Applicant. He further Harish

910-ABA-106-2026 @.DOC submitted that the Applicant is ready to co-operate with the Investigation. He also submitted that there is delay in lodging the FIR. 5.

On the other hand learned APP submitted that from the FIR it is clear that the Applicant was instrumental in making the Complainant call her husband and in the statement of the Complainant recorded by the Investigating Officer, it has surfaced that the Applicant's husband is a habitual offender.

6.

Considering that the allegations in the FIR about the actual acts of sexual harassment / assault / intimidation etc. are against the Applicant's husband and that the Applicant is a lady, I am inclined to grant ad-interim protection.

7.

In the event of arrest, the Applicant Ms. Mehak Prashant Misal in connection with CR. No. 12 of 2026 registered with Gandhi Nagar Police Station, Kolhapur for the offences punishable under Sections 75, 76, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 142 of the Maharashtra Police Act, 1951, she be released on bail - (a) on execution of PR Bond in the sum of Rs. 15,000/- with one or two sureties in the like amount.

(b) The Applicant shall co-operate with investigation and shall initially report to the concerned Police Station on 25.02.2026 and 27.02.2026 between 11.00 am to 2.00 pm and shall also surrender her mobile phone for the purpose of investigation.

(c) The Applicant shall not contact the complainant. [M. M. SATHAYE, J.] Harish