Rushikesh Ravso Kodag v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1180 OF 2025 Rushikesh Ravso Kodag ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

.....

Mr. Prasad A. Kamthe a/w Mrs. Saniya Patki for Applicant. Ms. Deepali Bagla, through V.C. for Respondent No.2 appointed through Legal Aid.

Smt. S. N. Deshmukh, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

9th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.14 of 2024 registered with Tasgaon Police Station, District Sangli for the offences punishable under Sections 376, 376(3), 376(2)(n), 376(2)(f), 354, 354(B), 354(D), 323, 342, 506 of the Indian Penal Code (for short "IPC") and Sections 4, 5(L), 5(n), 6, 8 & 12 of the Protection of Children From Sexual Offences Act, 2012 & Sections 66(E) of the Information Technology Act, 2000. 2.

It is prosecution's case that applicant is cousin of victim. On 20th December, 2023, 27th December, 2023 and on 3rd January, 2024, Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.10 20:22:46 +0530 SAJAKALI LIYAKAT JAMADAR the applicant sexually assaulted the victim. It is alleged that the

applicant took naked photos and videos of the victim and sexually assaulted her by threatening her.

3.

It is contention of learned counsel for applicant that applicant is behind bar for more than 21 months. Yet charge has not been framed. In medical examination of the victim, there is no sign of sexual assault. The applicant is 24 years old. There is three days delay in lodging the FIR. It may take time to conclude the trial. Hence, requested to allow the application.

4.

It is contention of learned APP along with Respondent No.2 that the applicant is cousin of the victim. He took naked photos and videos of the victim and by threatening her he sexually assaulted her. The applicant was caught red-handed by villagers and parents. In medical examination, he admits about the act done with the victim. If applicant is released on bail, he may threaten the victim or prosecution witnesses. Hence, requested to reject the application. 5.

I have heard all the learned counsels, perused the FIR and documents produced on record. The applicant is behind bar for more than 21 months, yet the charge has not been framed. Investigation is completed and charge-sheet has been filed. There is delay in lodging the FIR. The applicant is aged 24 years old. It may take time to conclude the trial. Considering these facts, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.14 of 2024 registered with Tasgaon Police Station, District Sangli, 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 into Tasgaon Taluka till recording of evidence of the victim except attending the trial Court dates.

(iv) The applicant shall not tamper with the evidence or shall not attempt to influence or contact the victim, witnesses or any person concerned with the case.

(v) The applicant shall attend the Trial Court dates, regularly.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

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.

8.

As Ms. Deepali Bagla is appointed through legal-aid to represent respondent No.2, professional fees of Rs.10,000/- be paid to her.

9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)