Ajit Balu Misal v. The State Of Maharashtra And Others
2025:BHC-AUG:5549
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 913 ANTICIPATORY BAIL APPLN. NO. 202 OF 2025 AJIT BALU MISAL
VERSUS
THE STATE OF MAHARASHTRA & OTHERS ...
Advocate for Applicant : Mr.S.E.Shekade APP for Respondent-State : Mr.A.A.A.Khan Advocate for Respondent no.3 : Mr.A.N.Nagargoje h/f. Mr.D.M.Mane ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 27.02.2025 P.C. :
1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the respondent no.3.
2] The applicant is apprehending arrest in connection with Crime No. 0008/2025, registered with Amalner Police Station, District Beed, for the offence punishable under Section 74, 78, 351 (2) of the Bharatiya Nyaya Sanhita and under Section 8 of the Protection of Children from Sexual Offences Act, 2012.
3] The allegation against the present applicant is that when the victim was going to the School from her
village to Amalner, at that time, the applicant came behind her on motorcycle and he stopped his motorcycle near the victim and held / pulled dupatta of the victim. On the basis of the said allegation, the FIR is lodged against the applicant.
4] The learned counsel for the applicant submits that the allegations against the applicant are exaggerated. He further submits that till the victim girl completes her 12th Standard i.e. for two years, he would not visit the villages, namely, Dagachiwadi and Amalner, Taluka Patoda, District Beed.
5] Per contra, the learned APP submits that the allegations made against the applicant are not exaggerated and that it is difficult for the victim girl to go to school, as such, anticipatory bail should not be granted in favour of the applicant.
6] The learned counsel for the respondent no.3 submits that in the event the applicant does not abide the conditions in the order or that the victim changes the school, the victim may be permitted to seek modification of this order.
7] Considering the submissions, the application is allowed in the following terms :
i] In the event the applicant is arrested in connection with Crime No. 0008/2025, registered with Amalner Police Station, District Beed, for the offence punishable under Section 74, 78, 351 (2) of the Bharatiya Nyaya Sanhita and under Section 8 of the Protection of Children from Sexual Offences Act, 2012, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicant shall attend the concerned police station as and when called by the Investigating Officer. The applicant is permitted to visit villages Dagachiwadi and Amalner, Taluka Patoda, District Beed as and when called by the investigating officer and for the purpose of trial only. This restriction is limited to 2 years from today.
iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.
iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.
8] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.
9] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10] The application stands disposed of.
11] In the event, the applicant does not abide the condition of if the victim - respondent no.3 changes her school, liberty is granted to the respondent no.3 to seek modification of the order.
[ARUN R. PEDNEKER] JUDGE DDC