Ramdas S/O Kamaldas Bankar v. The State Of Maharashtra, Thr. Pso, Ps, Wadi, Nagpur
2025:BHC-NAG:7096
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.697 OF 2025 (Ramdas s/o Kamaldas Bankar Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R.M. Daga, Advocate for the applicant.
Mr. C.A. Lokhande, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JULY 18, 2025.
By this application, the applicant is seeking bail as he came to be arrested on 24/01/2025 in connection with Crime No.16/2025 registered with Police Station Wadi, Nagpur, District Nagpur for the offences punishable under Sections 64(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
2.
The crime is registered on the basis of report lodged by the victim girl on an allegation that she got acquaintance with the present applicant and present applicant used to call on the mobile phone of her husband. She got acquaintance with him and he subjected her for the forceful sexual assault on 01/01/2025. On the basis of the said report, police have registered the crime against the present applicant.
3.
Learned Counsel for the applicant submitted that the FIR is lodged after 18 days of the incident. There
is no explanation for the delay. It was the consensual act between both of them. Now, investigation is completed and charge-sheet is filed, further incarceration of the applicant is not required.
4.
Learned APP strongly opposed the application on the ground that considering the allegation levelled by by the victim woman, the offence is of a serious nature. In view of that, the application deserves to be rejected. 5.
I have heard learned Counsel for both sides.
Perused the investigation papers from which it reveals that there was a consensual relationship between the victim and the present applicant. Moreover, now the investigation is completed and charge-sheet is filed, further incarceration of the applicant is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order: (i) The application is allowed.
(ii) The applicant - Ramdas s/o Kamaldas Bankar in connection with Crime No.16/2025 registered with Police Station Wadi, Nagpur, District Nagpur for the offences punishable under Sections 64(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, be released on bail, on executing P.R. Bond in the sum of
Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
(iv) The applicant shall attend the proceedings before the Sessions Court without seeking any exemption unless there are exceptional circumstances.
6.
The contravention of any of the condition would lead to the cancellation of bail.
7.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya