Amol Tukaram Patil v. The State Of Maharashtra And Another
2025:BHC-AUG:19355
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 BAIL APPLICATION NO. 888 OF 2025 AMOL TUKARAM PATIL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Kulkarni Suniket Anil, Jakhade Rutuja L. APP for Respondent/State : Mrs. V.N. Patil-Jadhav Advocate for Respondent 2 : Mrs. Sonali Veer (appointed) ...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
24/07/2025 P.C. :
1.
Heard the learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant is seeking bail as he is arrested in connection with Crime No. 8/2025 dated 7.1.2025 registered with Bhadgaon Police station, District Jalgaon for the offence punishable under sections 115(2), 351(2), 74of B.N.S., 2023 and section 8 and 12 of the Protection of Children From Sexual Offences Act.
3.
Crime is registered on the basis of complaint filed by mother of the victim. In the FIR, it is stated that the mother of the victim has performed marriage in the year 2013. Her husband died. Thereafter, she performed second marriage with the applicant. She has a daughter/victim from her first husband, who is residing with the informant. At the relevant time victim was of 10 years. It is alleged that when informant and victim were living with the applicant, the applicant has outraged the modesty of the victim girl on two occasions. Therefore, crime is registered against the applicant for the aforesaid offences.
4.
The learned counsel for the applicant submits that applicant is arrested
on 1.7.2025 and since then he is behind bars and that the investigation is completed and chargesheet is also filed in the matter. The learned counsel submits that there are no antecedents against the applicant and that the alleged incident is of 18.7.2024 and the FIR is lodged on 7.1.2025. The minimum punishment provided for the offences for which applicant is charged is three years and maximum punishment is five years. The learned counsel therefore prays to release the applicant on bail. 5.
The learned APP as well as the learned counsel appointed for respondent No. 2/victim strongly opposed the application on the ground that serious crime is committed by the applicant against the minor girl and pray for rejection of the bail application.
6.
Having perused the above submissions and police papers, it appears that since 7.1.2025 applicant is behind bars and that the investigation is completed and chargesheet is also filed. On perusal of police papers, it appears that there are no antecedents against the applicant. Considering that the offence for which applicant is charged, minimum punishment provided is three years and maximum punishment is five years, I deem it appropriate to grant bail on certain conditions.
7.
In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 8/2025 dated 7.1.2025 registered with Bhadgaon Police station, District Jalgaon for the offence punishable under sections 115(2), 351(2), 74of B.N.S., 2023 and section 8 and 12 of the Protection of Children From Sexual Offences Act, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicant, upon being released on bail, shall not contact the
informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
8.
Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant 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 bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10.
The application stands disposed of.
11.
The Legal Services, Sub Committee, High Court Aurangabad shall pay fees of Rs. 10,000/- to the learned counsel appointed for respondent No. 2. [ARUN R. PEDNEKER, J.] SSC/