Vivek Tanaji Powar v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.177 OF 2026 Sayali Madhukar Bhoir ...Applicant
Versus
State of Maharashtra
...Respondent
Mr. Niranjan Mundargi a/w Ms. Keral Mehta, Advocate for Applicant.
Ms. S.M. Yadav, APP for the State.
PSI, M.M. Saundarmal, Alibag Police Station, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
20th January 2026 P.C.:
1.
Heard Mr. Mundargi, learned Counsel alognwith Ms. Mehta, learned Counsel for the Applicant and Ms. Yadav, learned APP for the State.
2.
By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.200 of 2025 registered with Alibag Police Station, District-Raigad, for the offences punishable under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").
3.
The prosecution case is set out in paragraph No.2 of the Order dated 24th November 2025 passed by the learned Additional
Sessions Judge, Alibag, District Raigad in Criminal Bail Application No. 171 of 2025., which reads as under :
" 02. According to the prosecution, on 29/05/2025 accused Rishikesh, his mother and the present applicant Sayali together visited the jewellery shop of the complainant. Rishikesh, taking advantage of his earlier acquaintance with the complainant, represented that he was to marry Sayali and that they required gold ornaments which needed to be shown to family members before selecting the final pieces. On this representation, all three accused allegedly induced the complainant to hand over gold ornaments weighing 221 grams, valued at Rs.28,73,000/-, on the assurance that the selected ornaments would be purchased and the remaining returned. However, the ornaments were not returned at all and the complainant was made to believe repeatedly that they would be given back.
The complainant claims that the three accused acted in concert, misled him, dishonestly induced delivery of gold and thereafter avoided returning it. These ornaments have still not been recovered and the Investigating Officer asserts that custodial interrogation of the present applicant is necessary for tracing the ornaments, unearthing the manner of disposal and examining bank accounts reflecting suspicious transactions."
4.
It is the submission of learned Counsel for the Applicant that the Applicant is not involved in the crime. It is submitted that the ornaments were taken in custody by Accused No.1- Rushikesh Sadashiv Suryagandh and the Applicant whose marriage was fixed
with said Rushikesh merely accompanied said Rushikesh to the shop of the First Informant.
5.
It is submitted that the Applicant has no other antecedents and the Applicant is not involved in the crime and therefore the Anticipatory Bail Application be granted.
6.
On the other hand, Ms. Yadav, learned APP strongly opposes the Application. She submits that the Applicant is involved in the crime and the Applicant is not co-operating with the investigation. However, on instructions, she submits that there are no other antecedents.
7.
Perusal of record shows that the main allegations are against Accused No.1- Rushikesh, who has been arrested and released on regular bail. The Applicant is a woman. There are no antecedents. 8.
Learned Counsel for the Applicant submits that the Applicant will co-operate with the investigation. 9.
Accordingly, the case is made out for grant of Anticipatory Bail to the Applicant. Hence, following Order is passed:
O R D E R
(i) In the event of arrest, the Applicant - Sayali Madhukar Bhoir be released on bail in C.R. No.200 of 2025 registered with Alibag Police Station, District-Alibag, on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station on 27th January 2026 and 28th January 2026 between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the Police and shall co-operate with the investigation.
(iii) 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.
(iv) 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.
(v) 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 allowed and disposed of accordingly.
(MADHAV J. JAMDAR, J.)