Vikas Ashok Rathod v. The State Of Maharashtra
2025:BHC-AUG:21916
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 107 BAIL APPLICATION NO. 1444 OF 2025 Vikas Ashok Rathod
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Reddy Ajinkya APP for Respondents-State: Mr. G. O. Wattamwar ...
CORAM : ARUN R. PEDNEKER, J.
Dated : August 11, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant seeks bail in connection with FIR No.0712/2024, registered with Udgir Rural Police Station, Taluka Udgir, District Latur, for the offences punishable under Sections 64, 64(2)(M), 118(2), 115(2), 351(3), and 3(5) of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the applicant relies upon the order dated 11/07/2025 passed in Bail Application No.898/2025, wherein a co-accused, whose role is stated to be identical to that of the present applicant, was granted bail. He, therefore, submits that the present applicant deserves to be released on bail on the ground of parity.
4.
Perusal of the order dated 11/07/2025 shows that the FIR alleges that the informant was induced by co-accused Sunil Jadhav with the promise of a job. Acting on this inducement, the informant, along with her husband, reached Udgir. She was then taken on a motorcycle by Sunil Jadhav under the pretext of meeting a factory owner. On the way, she was taken into bushes, 1 of
107 BA 1444-2025 where Sunil Jadhav allegedly committed forcible sexual intercourse with her. At that time, two unknown friends of Sunil Jadhav arrived, assaulted her, and threatened her.
5.
In her statement under Section 183 of the Bharatiya Nyaya Suraksha Sanhita, the informant stated that she was assaulted by co-accused Amol and another unknown person; however, there was no mention of sexual intercourse in this statement. The said co-accused, Amol Premdas Pawar, was granted bail by order dated 11/07/2025 in Bail Application No.898/2025.
6.
Learned counsel for the applicant further submits that the applicant has no criminal antecedents and reiterates the plea for bail on the ground of parity.
7.
Learned APP opposes the grant of regular bail to the applicant. 8.
Considering the observations in the order dated 11/07/2025 and the allegations in the charge-sheet, the applicant is entitled to be released on bail on the ground of parity.
ORDER
(a) The application is allowed.
(b) The applicant shall be released on bail in connection with FIR 2 of
107 BA 1444-2025 No.0712/2024, registered with Udgir Rural Police Station, District Latur, on his executing a PR bond of Rs.30,000/- with one or two sureties in the like amount, to the satisfaction of the trial Court. (c) Upon release on bail, the applicant shall not contact the informant in any manner during the pendency of the trial. (d) The applicant shall co-operate with the trial Court and attend each date of hearing, unless exempted by the trial Court. (e) The applicant shall not tamper with the prosecution evidence or influence the informant, witnesses, or any other persons concerned with the case.
(f) The applicant shall furnish to the trial Court his contact number and residential address and update the same in case of any change. 9.
Needless to say, in the event of breach of any of the above conditions, the bail granted to the applicant shall be liable to be cancelled.
10. It is clarified that the observations made herein are restricted to the disposal of this bail application. The trial Court shall proceed independently and uninfluenced by the observations hereinabove.
11. The application stands disposed of accordingly. ( ARUN R. PEDNEKER, J. ) vj gawade/-.
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