Pritam Kisan Agaskhande v. The State Of Maharashtra And Another

2025:BHC-AUG:18004

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 BAIL APPLICATION NO. 1054 OF 2025 PRITAM KISAN AGASKHANDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Patil Bipinchandra K, Through Legal Aid APP for Respondent/State : Mr. S.K. Shirse Advocate for Respondent 2 : Mr. G.R. Bhumkar ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

11/07/2025 P.C. :

1.

Heard the learned counsel for the applicant, the learned APP for the respondent-State and Mr. G.R. Bhumkar, learned advocate appointed for respondent No. 2.

2.

The applicant is seeking bail as he was arrested in connection with Crime No. 57/2025 dated 9.2.2025 registered with Dharashiv City Police Station, Dharashiv, Tal. And Dist. Dharashiv under sections 64(1)(2)(f)(i) and section 351(2) of B.N.S.2023.

3.

Informant is 43 years old and sister of the applicant. Applicant is 39 years old. In the FIR, it is alleged that on 9.2.2025 the applicant asked informant to massage the chest of applicant as the applicant was having chest pain. It is alleged that at that time, applicant forcefully inserted his private part in her mouth and pressed the chest of the informant. 4.

The learned counsel for the applicant has pointed out the statement of the informant under section 183 of Cr.P.C., wherein she has resiled from her earlier statement made in the FIR and she has stated in the Court that she has lost her mental balance and at the relevant time she was under

medication and her brother/applicant has not done anything to her. The learned counsel for the applicant submits that applicant is arrested on 10.2.2025 and since then he is behind bars. The learned counsel therefore prays to release the applicant on bail.

5.

Considering the statement of informant under section 183 of B.N.N.S. and considering that applicant is arrested on 10.2.2025 and chargesheet in the matter is filed, I deem it appropriate to grant regular bail to the applicant.

6.

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. 57/2025 dated 9.2.2025 registered with Dharashiv City Police Station, Dharashiv, Tal. And Dist. Dharashiv under sections 64(1)(2) (f)(i) and section 351(2) of B.N.S.2023, 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. 7.

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. 8.

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.

9.

Legal Services Sub Committee, High Court, Aurangabad shall pay fess of Rs.10000/- to the learned counsel appointed for respondent No. 2. The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/