Kishor Alis Shrikrushna Abhiman Andhare v. The State Of Maharashtra And ANR
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 143 OF 2025 Kishor Alis Shrikrushna Abhiman Andhare ...Applicant
Versus
The State of Maharashtra And Anr
...Respondents
HARISH VITHAL CHAUDHARI ------- Ms. bhagyashree Mangale (Through V. C) for the Applicant. Ms. Shivani Kondekar (Through V. C.) for Respondent No. 2 through Legal Aid Committee.
Ms. P. S. Rane, APP for the Respondent-State. ------- by HARISH VITHAL CHAUDHARI Date:
2025.10.01 17:30:04 +0530 CORAM :
SHIVKUMAR DIGE, J.
DATE :
30th SEPTEMBER, 2025 P.C.:
1.
By this application, applicant is seeking regular bail in Crime No.188 of 2024 registered with Tembhurni Police Station, Solapur Rural for the offences punishable under Sections 363 of the Indian Penal Code, 1960.
2.
It is prosecution's case that on 9th April, 2024 the applicant kidnapped the minor daughter of the first informant and sexually assaulted her.
3.
It is the contention of learned counsel for the applicant that there was love relation between the applicant and victim.
4.
They were studying in same school and college. The applicant was the student of 12th standard whereas, the victim was the student of 9th standard. The applicant is behind bar more than one year. Investigation is completed and charge-sheet has been filed Hence, requested to allow the application. 5.
It is the contention of learned APP along with Respondent No. 2 that the applicant had kidnapped the victim and sexually assaulted her. Due to the sexual assault, victim got pregnant and the DNA of the applicant was matched to the miscarriage. It shows the involvement of the applicant in the crime. If the applicant released on bail, he may threaten the victim and prosecution witnesses. Hence, requested to reject the application.
6.
I have heard all learned counsel, perused the FIR and documents produced on record.
7.
It appears from the record that the applicant and victim were studying in same school. The applicant was the student of 12th standard and victim was the student of 9th standard. There was acquaintance between them. Applicant is behind bar more than one year. Investigation is completed and charge-sheet has
been filed. At the time of incident, the applicant was 19 years old. If the Applicant remained behind bar his education carrier will ruin. It may take time to conclude the trial. Considering these facts, further detention of applicant is not required and I pass following order:
ORDER
(I) Application if allowed.
(ii) The applicant be enlarged on bail in Crime No.188 of 2024 registered with Tembhurni Police Station, Solapur Rural on executing P. R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.
(iii) The applicant shall not enter in the area where the victim stays.
(iv) The applicant shall attend the Court dates regularly.
(v) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
8.
The application is allowed in the aforesaid terms and is accordingly disposed off.
9.
It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 10.
All concerned to act on the authenticated copy of this order.
[SHIVKUMAR DIGE, J.]