Santosh Rangnath Gadge v. The State Of Maharashtra And ANR

2023:BHC-AS:24483

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.760 OF 2023 SANTOSH RANGNATH GADGE ..APPLICANT VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Adv. Niranjan Mundargi i/b. Adv. Raviraj Paramane, Adv. Keral Mehta for the applicant.

Mr. P. H. Gaikwad, APP for the State.

Ms. Ameeta Kuttikrishnan for the respondent no.2. HC 1375 Dattatraya B. Kamble, Bhosari Police Station, Pimpari-Chinchwad.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 25, 2023.

P.C. :

1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the respondent no.2. 2.

This is an application for bail in respect of the offence punishable under Sections 354, 354-D of the Indian Penal Code (hereafter 'IPC' for short) read with 11 and 12 Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act", for short), registered vide C.R. No.I908/2022 with Bhosari Police Station, Pimpari-Chinchwad. 3.

The applicant is arrested on 12/11/2022. The offence 1/3

which is alleged against the applicant is punishable with maximum sentence of rigorous imprisonment upto 5 years. The applicant is in custody for 8 months. The investigation is complete. The charge-sheet has been filed. 4.

Learned APP and learned counsel for the respondent no.2 opposed the application.

5.

I have gone through the FIR. In the FIR, it is stated that the applicant was sending the objectionable messages to the victims who are 16 years of age and the students of the Junior College where the applicant was working as a teacher. 6.

The applicant has been removed from the services as a teacher. The trial is likely to take long time to conclude. In the facts and circumstances of the case, the applicant can be enlarged on bail. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Santosh Rangnath Gadge in connection with C.R. No. No.I-908/2022 with Bhosari MIDC Police Station, Pimpari-Chinchwad, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties 2/3

in the like amount.

(c) The applicant shall attend the Investigating OfÏcer of Bhosari MIDC Police Station, Pimpari-Chinchwad once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) 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 him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.

(f) Except for the purpose of attending the investigating ofÏcer, the applicant shall not enter the jurisdiction of the ACP Pimpri Division, Bhosari Police Station.

(g) Any attempt on the part of the applicant to contact the victims or the witnesses will be viewed seriously. 7.

The application is disposed of.

(M. S. KARNIK, J.) 3/3