Kachrulal Alias Kachru Hiralal Jaiswal v. The State Of Maharashtra And Another

2025:BHC-AUG:17817

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 BAIL APPLICATION NO. 1151 OF 2025 KACHRULAL @ KACHRU HIRALAL JAISWAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Bagdiya Arpit Kamalkishor APP for Respondent/State: Mr. N. D. Batule Advocate for Respondent No.2 : Ms. Chaitali Vikram Sheth ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.07.2025 P.C. :

1] Heard.

2] The applicant is seeking bail as he was arrested on 23.12.2024 in connection with Crime No.0130/2022, dated 12.10.2022, registered with Narsi Police Station, District Hingoli, for the offences punishable under Sections 363, 376(2)(N) of the Indian Penal Code, 1860 & under Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 & under Section 3(1)(R)(S)(W) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3] It is stated that the applicant maintained physical relations with the victim; minor girl of 15 years.

The learned counsel appearing for respondent no.2 / victim submits that the victim and her mother is present in the court, who are identified by the learned counsel appearing for the victim and the learned APP. It is submitted that they have no objection for grant of bail as the victim is now nearing the age of majority and that the applicant and the victim are stayed together and that they intended to maintain relations with each other after attaining majority.

4] As the victim and her mother have granted no objection for grant of bail and the consequences of the FIR would be known at the conclusion of the trial. As of today, considering the submissions, bail can be granted to the applicant.

5] 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.0130/2022, dated 12.10.2022, registered with Narsi Police Station, District Hingoli, for the offences punishable under Sections 363, 376(2)(N) of the Indian Penal Code, 1860 & under Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 & under Section 3(1)(R)(S)(W) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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.

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.

6] 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.

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe