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Bombay High CourtABA/1348/2025application allowed

Sunil Vikram Alzende v. The State Of Maharashtra And Others

2025-10-13Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2025:BHC-AUG:28782

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 46 ANTICIPATORY BAIL APPLICATION NO. 1348 OF 2025 Sunil Vikram Alzende, Age: 28 years, Occu: Education & Service R/o. Panchsheel Nagar, Majalgaon, Tq. Majalgaon, Dist. Beed.

... Applicant

VERSUS

The State of Maharashtra and Ors.

... Respondents .....

Ms. Ashwini Patil h/f Mr. S. J. Salunke, Advocate for the Applicant Mr. C. V. Bhadane, APP for Respondent Nos.1 and 2 - State Mr. Akash D. Gade, Advocate for Respondent No.3 - Victim [appointed] .....

CORAM : NEERAJ P. DHOTE, J.

DATE : 13.10.2025 PER COURT :

1.

Heard the learned Advocate for the Applicant, the learned APP for Respondent Nos.1 and 2- State and the learned Advocate (appointed) for Respondent No.2 - Victim / Informant. Perused the papers on record.

2.

The Crime No.0215/2025 is registered with the Majalgaon City Police Station, District Beed, for the offences punishable under Sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection Of Children From Sexual Offences Act, 2012 on the report lodged by the Victim.

3.

The case of Prosecution, in brief, is that, the Applicant, aged 28 years and the Victim, aged more than 17 years, were working together at one establishment in Majalgaon. They got friendly. The Applicant committed sexual intercourse with her. She got pregnant. Her pregnancy was aborted. Thereafter, the report is lodged. 4.

It is clear from the FIR and the submissions made by both the sides that, the Victim and the Applicant were known to each other and they got involved. Only one specific incident with date is given in respect of sexual intercourse between the Applicant and the Victim. There are no details in respect of two (02) to three (03) intercourse by the Applicant with the Victim thereafter. The report is lodged after the Victim underwent an abortion. The custody is sought on the ground that, the blood samples of the Applicant are required to be collected for sending to the Laboratory. The Applicant is ready to make himself available for giving such samples. The statements of witnesses are recorded, and the investigation is almost complete. Considering these aspects of the matter, the Applicant can be protected by imposing appropriate conditions. Hence, the following order :

ORDER

[I] The Anticipatory Bail Application is hereby allowed.

[II] In the event of arrest of the Applicant, namely, Sunil Vikram Alzende, in connection with Crime No.0215/2025, registered with the Majalgaon City Police Station, District Beed, for the offences punishable under Sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection Of Children From Sexual Offences Act, 2012, he be released on bail on his furnishing P.B. of Rs.15,000/- [Rupees Fifteen Thousand] with one surety in the like amount, on the following conditions:

[a] The Applicant shall attend the concerned Police Station from 15th to 18th October, 2025, between 10:00 a.m. to 02:00 p.m, and thereafter as and when called by the Investigating Officer, and shall co-operate with the Investigation.

[b] The Applicant shall not tamper with the Prosecution evidence in any manner.

[III] Anticipatory Bail Application is disposed of accordingly. [NEERAJ P. DHOTE, J. ] Sameer/October-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 13/10/2025 18:58:33