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NEELA GOKHALE
State of Maharashtra – Appellant
Versus
Aakash Sandhi Bindu – Respondent
JUDGMENT (ORAL)
This is an Application moved by the State, seeking recall of the order dated 24th February 2025 passed by the Additional Sessions Judge at Dindoshi (Borivali Division), Goregaon, Mumbai in Criminal Bail Application No.119 of 2025 in C.R. No.1309 of 2024 registered with D.N. Nagar Police Station. Vide the said order, the Sessions Court, Mumbai has enlarged the Respondent-Accused on bail subject to the conditions mentioned therein. By way of the present Application, the State seeks cancellation of the said bail order on several grounds. The Respondent-Accused, along with 2 other accused, is alleged to have committed offences punishable under Sections 70(1), 115(2), 351(2), 123, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. There is also an Intervention Application (St) No.19317 of 2025 made on behalf of the Victim-Complainant seeking to intervene in the present Application and advance submissions. The said Intervention Application is allowed.
3. As per the prosecution, the offending part of the Impugned Order is contained in paragraph nos.5, 6 and 7 which read as thus:
“5. The learned Advocate for accused drawn attention to the medical papers filed alongwith chargesh
Recall of bail – Impending marriage of accused is not a ground for grant of bail.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
The judgment emphasizes the importance of personal liberty and the need for overwhelming circumstances to cancel bail, highlighting the careful consideration of relevant materials before granting bai....
The seriousness of the allegations, including gang rape, influenced the court's decision in revoking the interim bail for two of the petitioners while granting bail to the others.
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
While considering an application for bail, all the relevant factors have to be weighed by the Court including the gravity of the offence, the evidence and material which prima facie show the involvem....
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.(2) Bail granted without due consideration of material factors warrants interference – In of....
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