Gautam Dnyaneshwar Baviskar vs State Of Maharashtra on 8 April, 2026

Author: R.N.Laddha

Bench: R.N.Laddha

Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2026.04.08
2026:BHC-AS:16711 14:44:53
+0530

Chitra Sonawane 10-ABA-898-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

Anticipatory Bail Application No.898 of 2026

Gautam Dnyaneshwar Baviskar
Age: 30 yrs, Occ: Job,
R/at - Nimgavhan, Tal-Chopda,
Dist.-Jalgaon. ... Applicant.
Vs.
The State of Maharashtra
(through Police Inspector
Warje Police Station, Pune) ... Respondent.
---
Ms Pratiksha A Thube a/w Mr Vaibhav Hatkar, Ms Madhavi
Hajari, Ms Rupika Narkar and Mr Abhishek Sibdarkar for
the applicant.
Mr Arfan Sait, APP for the respondent/ State.
PSI AS Naikwade, Warje Malwadi Police Station, Pune.

Coram : R.N.Laddha, J.
Date : 8 April 2026.
P.C. :

The applicant (accused No.3) apprehends arrest in
connection with CR No.45 of 2026, registered at Warje
Malwadi Police Station, Pune, for the offence punishable
under Sections 89 read with 3(5) of the Bharatiya Nyaya
Sanhita, 2023, and has preferred the present application

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seeking pre-arrest bail.

2. According to the prosecution, the informant entered
into matrimony with Yogeshwar Baviskar (accused No.1),
on 14 January 2024. It is alleged that subsequent to the
confirmation of her pregnancy, accused No.1, in connivance
with his family members, Shobhabai Baviskar (mother-in-
law/ accused No.2), the applicant (brother-in-law), and
Priyanka Sonawane (sister-in-law, accused No.4), expressed
opposition to the continuation of the said pregnancy,
notwithstanding medical opinion attesting to the sound
health of both the informant and the fetus. On 6 February
2026, accused No.1 is alleged to have deceitfully escorted
the informant to a nursing home under the false
representation that a surgical excision of a chest lump was
to be performed. It is further alleged that, while the
informant was under anaesthesia, a medical termination of
the pregnancy was carried out without her informed
consent. Upon the informant regaining consciousness,
accused No.1 purportedly admitted to the deception, stating
that he did not desire the birth of the child. On the basis of
these allegations, the present FIR has been lodged.

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3. Ms Pratiksha Thube, the learned Counsel appearing on
behalf of the applicant, asserts the applicant's innocence and
contends that the applicant has been falsely implicated in
the crime. It is submitted that the record itself reflects prior
medical consultations, sonography reports and interactions
with medical practitioners, demonstrating that the
prosecution's case is founded entirely upon documentary
material. It is further urged that the FIR is an afterthought,
inasmuch as there exists an unexplained and inordinate
delay in its lodgement. The alleged incident is alleged to
have occurred on 6 February 2026, whereas the FIR came
to be registered only on 12 February 2026. The learned
Counsel further submits that, at its highest, the dispute
emanates from matrimonial discord and has been given a
criminal colour. It is specifically contended that the
allegations, even if taken at face value, do not disclose any
overt act or specific role attributable to accused No.3.

4. Furthermore, Ms Thube submits that the applicant has
duly complied with all investigative requirements, appeared
before the concerned police station, and extended full
cooperation to the investigating agency. Moreover, the co-
accused have already been granted pre-arrest bail. The
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applicant is ready and willing to abide by any conditions
this Court deems fit to impose.

5. Mr Arfan Sait, the learned Additional Public
Prosecutor representing the respondent/ State, fairly
concedes that the applicant has duly attended the concerned
police station and cooperated with the investigation. It is
further submitted that the investigation has now reached its
conclusion and that all necessary steps, including the
collection of relevant material and recording of statements,
have been completed. On instructions from the investigating
officer present in the Court, the learned APP submits that
the applicant's custodial interrogation is not required.

6. This Court has given anxious consideration to the
submissions canvassed across the Bar and perused the
records.

7. It appears from the record that all medical procedures
in question were carried out within the premises of a duly
recognised and accredited hospital, and in accordance with
professional medical advice tendered by qualified
practitioners. The record further discloses that the
informant underwent requisite medical consultations,
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diagnostic sonography examinations, and deliberations with
attending physicians prior to the procedure. The
prosecution case, however, rests solely upon the assertions
of the informant, without any corroborative or independent
material to substantiate the allegations of consent or the
imputation of mala fides. Prima facie, therefore, the record
does not reveal any material which could reasonably
support the contention that the medical interventions were
undertaken without lawful consent or with ulterior motives.

8. Upon a plain reading of the statements of the medical
officer and the attending nurse, it becomes evident that the
informant had been duly informed of the nature,
implications, and consequences of the medical procedure in
question. The record further discloses that the informant,
with full knowledge and understanding, had voluntarily
accorded her consent for the termination of pregnancy.
Their statements do not indicate that such consent was
obtained by coercion, misrepresentation, or undue
influence.

9. A comprehensive perusal of the allegations, as set out
in the FIR and the material collected during the course of

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investigation, does not, prima facie, disclose the commission
of any specific or overt act attributable to accused No.3.
The allegations against the said accused appear to be general
and omnibus in nature, lacking the necessary particulars to
sustain their implication. The learned APP fairly concedes
that the custodial interrogation of the applicant is not
necessary. It is also not in dispute that the investigation has
reached its culmination, and no further recovery or
discovery is contemplated at the instance of the applicant.
Moreover, the co-accused have already been granted pre-
arrest bail.

10. In view of the aforesaid circumstances and having
regard to the settled principles governing the grant of relief
in such matters, this Court is of the opinion that no useful
purpose would be served by subjecting the applicant to
custodial interrogation. The balance tilts in favour of
protecting his personal liberty. Accordingly, this Court is
inclined to exercise its discretion in favour of the applicant.
Hence, the following order:
ORDER

(i) In the event of the applicant's arrest in connection with CR No.45 of

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Chitra Sonawane 10-ABA-898-2026.doc

2026, registered at Warje Malwadi Police Station, Pune, the applicant shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

(ii) The applicant, himself or through any other person, shall not tamper with the evidence or influence witnesses.

(iii) The applicant shall attend the concerned police station as and when required till the filing of the charge sheet.

11. The applications stand disposed of accordingly.

[R. N. Laddha, J.]

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8 April 2026