Rameshwar Vaijanath Sangale v. The State Of Maharashtra And Another

44 BA NO. 1851 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 44 BAIL APPLICATION NO. 1851 OF 2025 Rameshwar Vaijanath Sangale

VERSUS

The State Of Maharashtra And Another ...

Mr. Maniyar Irfan D, Panpatte V. S., Advocate for Applicant Mr. P. P. Dawalkar, APP for Respondent/State Mr. Vaibhav B., Kulkarni, Advocate for Respondent No.2 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 13.10.2025 PER COURT :- 1.

Heard.

2.

This is an application for grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.53 of 2025, registered at Usman Nagar Police Station, District Nanded, for the offences punishable under Sections 137(2), 64(i)(n) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 4, 8, 12, 17 and 18 of the POCSO Act.

3.

The learned advocate for the applicant pointed out the report and submitted that the applicant is the brother of the main accused. It is alleged that he abetted the main accused in enticing away the informant's daughter. The allegations are made against the main

(( 2 )) 44 BA NO. 1851 OF 2025 accused that he enticed away the informant's daughter. The applicant has roots in the society and there is no material against him to constitute any of the offence for which he is being prosecuted. He, therefore, prayed to grant bail to the applicant.

4.

The learned APP for the State and the learned Advocate for respondent No.2 strongly opposed the application and submitted that the applicant is booked for a serious crime. The applicant is the brother of the main accused and allegedly provided money to him in enticing away the informant's daughter. There is ample material against the applicant. In such circumstances, if the applicant is released on bail, he will certainly pressurize the prosecution witnesses and tamper with the evidence. It is lastly prayed to reject the application.

5.

Perused the charge sheet, particularly the report and statements of witnesses. The applicant's role is limited that he provided money to the main accused, who is alleged to have committed aggravated sexual assault upon the informant's daughter. Considering all these aspects, considering the role of the applicant, without adverting to the merits of the case, it would be proper to grant bail to the applicant on the principle that bail is rule and jail is the exception. Hence, the following order:

(( 3 )) 44 BA NO. 1851 OF 2025 ::ORDER::

I.

The application is allowed.

II.

The applicant, in connection with Crime No.53 of 2025, registered at Usman Nagar Police Station, District Nanded, for the offences punishable under Sections 137(2), 64(i)(n) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 4, 8, 12, 17 and 18 of the POCSO Act, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. [ SANJAY A. DESHMUKH, J. ] HRJadhav