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Bombay High CourtBA/1432/2025application allowed

Siddheshwar Ashok Salgar v. The State Of Maharashtra And Another

2025-08-12Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:21928

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 BAIL APPLICATION NO. 1432 OF 2025 SIDDHESHWAR ASHOK SALGAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S.K. Chavan h/f. Mr. S.S. Birajdar APP for Respondent/State : Mrs. A.S. Mantri Advocate for Respondent 2 : Mr. K.A. Pathade ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

12/08/2025 P.C. :

1.

Heard the learned counsel for the applicant, the learned APP for the respondent-State and Mr. K.A. Pathade, learned counsel appearing for respondent No. 2 2.

The applicant is seeking bail as he is arrested in connection with Crime No. 201/2025 dated 01.07.2025 registered with Lohara Police Station, Tq. Lohara, Dist. Dharashiv for the offences punishable under sections 64(1), 64(2)(m), 65(2), 3(5) of B.N.S. 2023, sections 3, 4, 17 of the Protection of Children From Sexual Offences Act, 2012 and sections 9, 10, 11 of Prohibition of Child Marriage Act.

3.

The case against the applicant is that he married with victim/minor girl of 14 years on 24.5.2024. The marriage was performed by the parents of the victim and the parents of the applicant. Later on when victim became pregnant and she was taken to hospital where age of the victim was revealed. Accordingly, statement of victim was recorded and the crime was registered against the applicant and others for the aforesaid offences. 4.

The learned counsel for the applicant submits that the applicant was arrested on 3.7.2025 and investigation in the matter is nearing to completion.

I am informed by the learned counsel for the applicant that parents of the applicant and victim were granted anticipatory bail by the learned Sessions Court and the order is yet to be uploaded. It is further informed that the victim has given no objection to grant bail to the applicant in the present matter. It is also stated that the victim has also given no objection to grant bail to the parents of the applicant in Sessions Court. The age of the victim is stated to be 14 years. The victim gave birth to a male child. The victim has stated before the court that she has love affair with the applicant and as such, they asked their parents to perform marriage and as such, marriage is performed by the family members of the victim and applicant. I am informed that victim is residing in maternal house with her grandparents at Taluka Lohara, district Dharashiv. However, since the investigation is nearing to completion, bail can be granted to the applicant on condition that the applicant shall not influence the informant till the conclusion of trial. 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. 201/2025 dated 01.07.2025 registered with Lohara Police Station, Tq. Lohara, Dist. Dharashiv for the offences punishable under sections 64(1), 64(2)(m), 65(2), 3(5) of B.N.S. 2023, sections 3, 4, 17 of the Protection of Children From Sexual Offences Act, 2012 and sections 9, 10, 11 of Prohibition of Child Marriage 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 influence the informant/victim, in any manner whatsoever till her testimony is recorded.

c] The applicant shall co-operate with the trial Court and he shall

attend each and every date, unless exempted by the 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, J.] SSC/