Santosh Deilip Randhe v. The State Of Maharashtra And Others
2025:BHC-AUG:22477 {1} ABA 1245 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1245 OF 2025 Santosh Deilip Randhe ....Applicant
Versus
The State of Maharashtra and Others .....Respondents .....
Advocate for Applicant : Mr. Vishweshwar Haribhau Pathade APP for Respondent nos.1 & 2 : Mr.S.M.Ganachari Advocate for Respondent no.3 : Ms. Ashiwini A. Lomte (Appointed) .....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 18 AUGUST, 2025 PRONOUNCED ON : 19 AUGUST, 2025 ORDER :
1.
Applicant seeks anticipatory bail in connection with crime bearing no.0209 of 2025 registered with Shirdi Police Station, District Ahilyanagar, for the offence punishable under Sections 74, 76, 351(2) of the Bharatiya Nyaya Sanhita, under Sections 8 and 12 of the Protection of Children from Sexual Offences Act (POCSO Act) and under Section 67-B of the Information Technology Act. 2.
Learned counsel submitted that there is false implication. That, there is delayed reporting of the alleged occurrence. That, there are
{2} ABA 1245 OF 2025 allegations of sending obscene photographs and text pertaining to daughter of informant. That, infact informant and applicant are distant relatives. That, out of annoyance, FIR has been lodged. That, in the light of nature of allegations, nothing is to be recovered or discovered, hence, relief as prayed is urged for. 3.
Learned APP as well as learned counsel for informant opposed on the ground that serious offence is committed. That, informant daughter is barely 17 years of age. That, her obscene photographs are forwarded to her parents on WhatsApp. That, there are allegations of threat to minor girl and she had reported it to her parents. Consequently, for thorough investigation, learned APP as well as learned counsel for informant pray to reject to application. 4.
Perused the FIR dated 26-02-2025. Informant, who is mother of 17 years old daughter, has reported that on 19-02-2025, a phone call was received on mobile of her husband. When she called back, it was answered by present applicant and he insisted to talk with informant's husband only. She further reported that, at around 05:10 p.m., applicant sent nude photographs of daughter of informant on WhatsApp alonogwith message. Informant questioned her daughter
{3} ABA 1245 OF 2025 and she reported that in November, December, 2024, present applicant had called her and taken her on Motorcycle to a Lodge, given her drink, asked her to remove clothes and took her photographs and also misbehaved with her. Resultantly, above report has been lodged.
5.
Learned APP has submitted that statements of the staff at Hotel / Lodge are recorded.
6.
Therefore, considering the above nature of allegations, thorough and further investigation is necessary. In view of above, this Court does not find it a fit case to grant relief as prayed. Accordingly, following order is passed :
ORDER
(i) Application is rejected.
(ii) Fees of learned counsel appointed for respondent no.3 is to be paid through the High Court Legal Services Sub-Committee, Aurangabad, as per Rules.
( ABHAY S. WAGHWASE ) JUDGE SPT