29 October,2026 08:40 AM IST | Mumbai | Samiullah Khan
The Bombay High Court in Fort. File pic/istock
The Bombay High Court has granted anticipatory bail to three women accused in a case registered by Dindoshi police under the Protection of Children from Sexual Offences (POCSO) Act and other laws, observing that the allegations of sexual assault were primarily directed against the main accused and custodial interrogation of the applicants was not necessary after the charge sheet had been filed.
Justice Prafulla S Khubalkar passed the order on October 23, 2026, allowing the anticipatory bail application filed by the three women in connection with a case registered at Dindoshi police station on November 9, 2025.
According to the prosecution's case, as outlined in the order, the FIR stemmed from a dispute between the parties over possession of a room.The complainant alleged that an altercation took place on April 5, 2025, during which the main accused abused her and her daughter and made obscene gestures. The complaint further alleged that he sexually assaulted the daughter by touching her chest and assaulted the complainant on her chest. The three applicants, arraigned as accused Nos. 2, 3 and 4, were accused of abusing the complainant and instigating the main accused.
Appearing for the applicants, advocate Mahesh Rajpopat, along with Akshit Kothari and Jaina Shah, argued that the women had been implicated primarily because they were allegedly present at the spot and had not committed any specific overt act connected with the offences.
The defence also pointed out that the main accused had already been granted bail by the High Court on August 7, 2026. The applicants further argued that the FIR had been lodged after a delay of around seven months and that the allegation concerning the daughter's disability was not supported by documentary evidence.
According to the submissions recorded in the order, the charge under Section 92(b) of the Rights of Persons with Disabilities Act, 2016, was subsequently dropped when the charge sheet was filed.
Opposing the application, the prosecution submitted that the FIR contained allegations indicating that the applicants had instigated the main accused, who was alleged to have committed offences under the POCSO Act.
After examining the FIR and the documents on record, the court observed that the allegations relating to the POCSO offences were primarily directed against accused No. 1. It also noted that the case arose against the backdrop of a civil dispute over possession of a room.
The court directed that, in the event of their arrest in connection with the case, the applicants be released on bail upon furnishing a personal bond of R25,000 each, along with one solvent surety of the same amount. They were also directed to cooperate with the investigation and trial and to attend the police station whenever called by the investigating agency.
"We are grateful to the Bombay High Court for granting anticipatory bail to our clients after considering the facts and circumstances of the case. The Court noted the seven-month delay in registering the FIR, the lack of evidence substantiating the victim's disability, the filing of the chargesheet, the absence of a need for custodial interrogation at this stage, and the applicants' cooperation with the investigating agency," said advocates Mahesh Rajpopat, Akshit Kothari, and Jaina Shah, who represented the applicants.
