Vasant Namdeo Patil v. The State Of Maharashtra And Another

2025:BHC-AUG:23850

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1073 BAIL APPLICATION NO. 1448 OF 2025 VASANT NAMDEO PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Sudhakar T. Mahajan. APP for Respondent/State : Mr. N. B. Patil.

Advocate for Respondent No.2 : Ms. Sheetal Salunke. (Appointed). ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

04th September, 2025.

P.C.:

Heard.

This is an application for grant of regular bail in connection with Crime No.16 of 2025, registered at Chopada (Rural) Police Station, District Jalgaon, for the offences punishable under Section 74 of BNS and under Sections 11 and 12 of POCSO Act The informant is the mother of the victim girl child. She averred in the report that her daughter aged 8 years 8 months informed her that on 7th February, 2025, when the victim girl was returning home from her classes, the applicant called her. Thereafter, the applicant molested the victim girl by touching her private parts. Out of fear, the victim girl ran away from the said place. At that time,

the applicant told the victim girl to come again on the next day. Therefore, the report was lodged.

The learned counsel for the applicant submitted that the applicant is falsely implicated in the crime. The applicant is 75 years old having various ailments. The charge-sheet has been filed. The applicant has roots in the society and he will not flee away from the trial. The trial will take long period. It is lastly prayed to allow the application.

The learned APP for the State and the learned appointed counsel for respondent No.2 strongly opposed the application and submitted that though the applicant is 75 years of age, he is involved in the heinous offence with the 8 years old girl child. If the applicant is released on bail, he will pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application. Perused the charge-sheet, particularly, the report and the statements of the victim girl and her mother recorded under Section 164 of the Cr.P.C. The charge-sheet has been filed. The custodial interrogation of the applicant is not necessary. The applicant has roots in the society and he will not flee away form the trial. The trial will take long period. Considering all these aspects and on the principle that

bail is rule and jail is exception, the application deserves to be allowed on certain conditions. Hence, the following order:-

O R D E R

I.

The application is allowed.

II.

The applicant in connection with Crime No.16 of 2025, registered at Chopada (Rural) Police Station, District Jalgaon, for the offences punishable under Section 74 of BNS and under Sections 11 and 12 of POCSO Act, be released on bail on furnishing personal bond of Rs.50,000/- with surety of the like amount on following conditions:- a) The applicant shall not pressurize the prosecution witnesses, in any manner.

b) The applicant shall not tamper with the prosecution evidence, in any manner.

c) The applicant shall not enter into village Ganpur, Taluka Chopda, District Jalgaon, till the conclusion of trial.

III.

The fees of Ms. Sheetal Salunke, learned counsel appointed to represent the cause of respondent No.2 be paid through the High Court Legal Services Sub-Committee, Aurangabad as per Rules.

[ SANJAY A. DESHMUKH, J. ] nga