Pramod Alias Sunny Shankar Salve v. The State Of Maharashtra And Others
2025:BHC-AUG:34549 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1927 OF 2025 PRAMOD ALIAS SUNNY SHANKAR SALVE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Mr. Shashikant E. Shekade APP for Respondents-State : Mr. V. M. Chate Advocate for Respondent No. 3 : Mr. Pavan M. Salunke ...
CORAM : SACHIN S. DESHMUKH, J.
Date : 4th December, 2025 ORDER :- 1.
The applicant has approached this Court seeking regular bail in connection with FIR bearing Crime No. 642 of 2025 registered with Rahuri Police Station, for the offences punishable under Sections 137(2), 87, 64(1) of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.
2.
Initially, the FIR was lodged at the instance of mother of the victim in relation to the offence under Section 363 of the IPC against unknown person. Subsequently, the statement of the victim came to be recorded by the police wherein it is stated that victim was in contact with the applicant / accused since last 18
-2months prior to the alleged incident. On 04.06.2025 at about 6.30 pm, applicant came near the house of victim and requested the victim to accompany him. Accordingly, on next day, victim and applicant proceeded on the motorcycle and travelled to Shirdi. During the said visit, the applicant allegedly committed sexual assault upon the victim. On the basis of the said statement, the aforesaid offences came to be registered against the accused. 3.
The learned counsel for applicant submits that the statement of victim is improvised under the influence of parents. It is further submitted that the Applicant has been falsely implicated in the alleged crime and prayed to allow the application. 4.
The learned APP for State and the the learned counsel for respondent No. 3 strongly opposed the application submitting that the offence is serious in nature. There is a strong prima facie case against the accused. Hence, prayed to reject the application. 5.
Upon perusal of the record, prima facie, it appears that the statement of the victim indicates that she had left the house at her own volition and accompanied the accused. Thereafter, the victim remained in the company of the accused for a brief period
-3and has neither made attempts to initiate contact with parents nor at any point of time, protest was raised in relation to alleged sexual assault by the applicant.
6.
Thus, the conduct of the victim indicates conscious and wilful participation in the act. Furthermore, it is admitted that the victim and the applicant were known to each other for significant period. Thus, the factual matrix of the case does not reflect any active inducement or coercive conduct on the part of accused. 7.
Nevertheless, the investigation of the case has been completed and eventually the charge-sheet is filed. Moreover, the age of accused is only 21 years and has no criminal antecedents. Thus, no fruitful purpose would be served by keeping the accused behind the bars for indefinite period.
8.
Considering the peculiar facts and circumstances of the case, the right to liberty of the applicant needs to be upheld by imposing stringent conditions. Accordingly, the applicant deserves to be released on bail.
9.
The High Court Legal Services Sub-Committee, High
-4Court Bench at Aurangabad, to pay the fees to the learned counsel appointed on behalf of respondent No. 3, as per rules. 10.
Resultantly, following order is passed :-
ORDER
(I) Application is allowed.
(II) Applicant - Pramod @ Sunny Shankar Salve be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, in connection with Crime No. 642 of 2025 registered with Rahuri Police Station, for the offences punishable under Sections 137(2), 87, 64(1) of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, on the following conditions :- (a) The applicant shall attend each and every date of the Trial Court, unless exempted by the Trial Court. (b) The applicant shall not enter into the village Kangar, Tq. Rahuri, Dist. Ahilyanagar, till conclusion of trial. (c) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
(d) The applicant shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and
-5phone numbers of applicant and two of the near relatives.
(e) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move this Court seeking cancellation of bail.
(III) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same. (SACHIN S. DESHMUKH, J.) Omkar Joshi