Nitin Narayan Bahire v. The State Of Maharashtra, Thr. Pso, Ps, Beltarodi, Dist. Nagpur And ANR.
2025:BHC-NAG:8642
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPU R BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.812 OF 2025 (Nitin Narayan Bahire ..Vs.. State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A.S. Mardikar, Senior Counsel a/b Shri D.P. Singh, Advocate for the applicant.
Shri M.J. Khan, APP for the non-applicant/State. CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- AU GUST 11, 2025.
The applicant came to be arrested on 29.06.2025 in connection with Crime No.345/2025 registered with Police Station Beltarodi, District Nagpur for the offences punishable under Sections 75(1)(i) of the Bhartiya Nyaya Sanhita and Sections 8 and 12 of the Protection of Children From Sexual Offences Act, 2012. 2.
The crime is registered on an allegation that when victim had come to metro station, at that time present applicant sexually harassed her by misconduct removing his cloths from his person and showing his private part to the victim. On the basis of the said report, police have registered the crime.
3.
Learned Senior Counsel for the applicant submitted that even accepting the allegation as it is which is punishable up to imprisonment of 3 years. Now, investigation is already completed, charge-sheet is yet to
be filed, his further incarceration is not required. In view of that, he be released on bail.
4.
Learned APP strongly opposed the application on the ground that considering the act of the present applicant at the public place, if he is released on bail similar type of the activities may occurred. In view of that, the application deserves to be rejected.
5.
On hearing learned Counsel for both the sides and on perusal of the recitals of the FIR and the investigation papers, admittedly, the act of the present applicant is of a sexual harassment at his hands. However, considering the fact that now investigation is completed, charge-sheet is yet to be filed. In view of that, the application deserves to be allowed by imposing certain conditions. Accordingly, I proceed to pass following order: (i) The application is allowed.
(ii) The applicant - Nitin Narayan Bahire in connection with Crime No.345/2025 registered with Police Station Beltarodi, District Nagpur for the offences punishable under Sections 75(1)(i) of the Bhartiya Nyaya Sanhita and Sections 8 and 12 of the Protection of Children From Sexual Offences Act, 2012 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 attend the concerned police station as and when required for the investigation purpose, on issuing notice in advance of 3 days and shall cooperate with the investigating agency.
(iv) 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.
(v) The applicant shall not indulge himself in similar type of the activities. Single registration of the offence, would be lead to the cancellation of bail.
(vi) The contravention of any of the condition would lead to the cancellation of bail.
6.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya