Aniket Ambadas Kawale And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:13611 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 686 OF 2025 1.

Aniket Ambadas Kawale, Age : 22 years, Occu. : Labour, 2.

Rohit Balaji Salunke, Age : 21 years, Occu. : Labour, Both R/o. Guruvar Peth, Ambajogai, Tq. Ambajogai, Dist. Beed.

... Applicants.

Versus

1.

The State of Maharashtra, Through In Charge Officer, Police Station Renapur, Dist. Latur.

2.

The Superintendent of Police, Latur, Dist. Latur.

3.

X.Y.Z.

... Respondents ......

Mrs. Ashwini A. Lomte, Advocate for Applicants. Mr. V. M. Chate, APP for Respondents - State. Ms. Shilpa Aurangabadkar, Advocate for Respondent No.3 (Appointed) ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 07 MAY 2025 PRONOUNCED ON : 08 MAY 2025 ORDER :

1.

Present application is for grant of regular bail on account of arrest of applicant in Crime No.0066 of 2025 registered at Renapur police station, Dist. Latur for offence punishable under

-2sections 78(2), 79 r/w section 3(5) of Bharatiya Nyaya Sanhita and under section 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned counsel for applicants pointed out that, applicants, who are young boys of 21 and 22 years, respectively are arrested on 12.03.2025 on allegations of stalking and making gestures. That, in fact there were love relations. That, there is false implication. Considering the nature of allegations, no recovery or discovery is to be made, as such no purpose would be served by further detention and as applicants are ready to co-operate with the investigating machinery, bail is urged for. 3.

Learned APP as well as learned counsel appointed for informant have both opposed on the ground that, there is stalking to the minor. Obscene gestures were made. They both express misuse of liberty also.

4.

Heard. Perused the papers. FIR dated 11.03.2025 is at the instance of father of victim, who is said to be 16 years of age. Father has reported that, his daughter, who was studying in 11th standard in Kholeshwar Ccollege, Ambajogai, informed about two boys namely, Aniket and Rohit following her, when she went to college and came home, and they approached her to get

-3acquainted. They also procured her mobile number and made her calls. He has reported that, Aniket gave her flying kiss and made some gestures. On such report, crime seems to have been registered.

5.

Applicants are arrested on 12.03.2025. Charge sheet seems to have been filed. Considering the nature of allegations, as submitted no recovery or discovery is to be made. Allegations are primarily for stalking and making indecent gestures. For such allegations, further custody is not necessary. Apprehension of misuse of liberty can be taken care of by imposing stringent conditions. Hence, I proceed to pass the following order :-

ORDER

I.

The application is allowed.

II.

Applicants, namely (i) Aniket Ambadas Kawale and (ii) Rohit Balaji Salunke be released on bail in connection with Crime No.0066 of 2025 registered with Renapur police station, Dist. Latur, on executing Personal Bond of Rs.15,000/- each with one surety each in the like amount, on the following conditions : [a] The applicants shall not tamper prosecution evidence. [b] The applicants shall not enter the vicinity where the victim and her family members reside i.e. Lakhmapur village, Tq. Renapur, Dist. Latur and where she is studying i.e. Ambajogai, till conclusion of the trial.

-4- [c] The applicants shall regularly attend each and every effective date before the trial court.

III.

Fees of learned Advocate, who is appointed to represent cause of respondent no.3 is to be paid by the High Court Legal Services Sub-Committee, Aurangabad as per rules. (ABHAY S. WAGHWASE, J.) Tandale