Shinesh Janardan Ranshur v. 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. 1077 OF 2025 Shinesh Janardan Ranshur .....Applicant Vs.

The State of Maharashtra and Anr .....Respondents HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.09.19 12:34:59 +0530 Mr. Vijay Killedar for the applicant.

Mr. S. N. Deshmukh APP for the State Ms. Nutan Mohite for respondent no. 2 CORAM :

SHIVKUMAR DIGE, J.

DATE :

17th SEPTEMBER 2025 P.C.:

1.

By this application, applicant is seeking regular bail in Crime No. 519 of 2024 registered with Foujdar Chawadi Police Station, Solapur, District: Solapur for offences punishable under Sections 74, 78, 351(2), 64, 64(2)(M) of Bhartiya Nyay Sanhita, 2023 (for short "BNS") and under Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO").

2.

It is the prosecution's case that on 27th August, 2024 nearly around 9.00 a.m. when the complainant was coming out 1/5

of the bathroom after bathing the applicant was standing in front of the bathroom of the complainant. When the complaint yelled, at that time the applicant forcefully entered into the bathroom and gagged mouth of the complainant and outraged her modesty. It is alleged that the applicant sexually assaulted the minor daughter of the complainant on several occasions by threatening her that he will viral her obscene photos and videos. 3.

It is the contention of learned counsel for the applicant that the applicant is behind bar more that one year. Yet charge is not framed. The allegations in the FIR against the applicant are of outraging the modesty of the complainant. In supplementary statement, the daughter of complainant (victim) stated about the sexual assault on her. There is delay in lodging the FIR. No complaint was filed earlier about the sexual assault on the victim. At the time of incident, the victim was more than 17 years old. The applicant is unmarried. It may take time to conclude the trial. Hence, requested to allow the application. 4.

It is the contention of learned APP along with Respondent No. 2 that the applicant barged in the bathroom of the complainant when she was coming out of the bathroom. The 2/5

said incident is witnessed by the eye witnesses. The applicant was caught red handed in bathroom. He has sexually assaulted the minor daughter of the complainant on several occasions by threatening her. The medical evidence of the daughter of the complainant (victim) supports the prosecution case. The applicant stays in the vicinity of the complainant and victim. If the applicant is released on bail he may threaten the complainant, victim and prosecution witnesses. Hence, requested to reject the application.

5.

I have heard all the counsel. Perused the FIR and documents produced on record.

6.

In the FIR, there are allegations against the applicant about outraging the modesty of the complainant. In investigation, it revealed that the applicant had sexually assaulted the minor daughter of the complainant also, her age is more than 17 years. No complaint was filed by the minor victim against the applicant earlier before filing of the present FIR. Applicant is behind bar more than one year. Investigation is completed. Chargesheet has been filed. It may take time to conclude the trial.

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7.

Considering these facts, I pass following order :

O R D E R

I.

Application is allowed.

II.

Applicant be enlarged on bail in Crime No. 519 of 2024 registered with Foujdar Chawadi Police Station, Solapur, District: Solapur on executing P.R.Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount.

III. Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

Applicant shall attend the Trial Court dates, regularly.

V.

Applicant shall not enter in the jurisdiction of Phaujdari Chawadi Police station till recording of evidence of the victim except attending the court dates.

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 4/5

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.] 5/5