Amol Haribhau Kokare v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1214 OF 2025 Amol Haribhau Kokare .... Applicant

Versus

The State of Maharashtra and Anr.

.... Respondents ----- Mr. Sachin Deokar, Advocate for the Applicant. Ms. Veera Shinde, A.P.P., for the Respondent - State. Adv. Isla Shaikh (Through VC), Advocate for Respondent No.2 (Through Legal Aid).

----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2025.10.13 19:18:52 +0530 SHANTANU SHANKARSA DHUDUM DATE : 10th OCTOBER, 2025.

P.C. :

1.

The Applicant is seeking regular bail in connection with C.R. No.544 of 2024 registered with Lonand Rural Police Station, District Satara, for the offences punishable under Sections 137(2), 64(2)(M), 87, 96 and 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act") along with Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act").

2.

It is prosecution's case that the Applicant sexually assaulted Shantanu S. Dhudum 1/4

the victim on several occasions on the promise of marriage and he threatened her that he will expose the sexual relation between them. 3.

It is contention of learned counsel for the Applicant that there was love affair between the Applicant and the victim. At the time of incident, the victim was more than 16 years and 11 months old. The Applicant is behind bars around ten months. Investigation is completed and charge-sheet has been filed. The Applicant will stay at Pune and he will not enter in district Satara till recording of evidence of the victim. Hence, requested to allow the application. 4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant is married and has four children. He was aware about the age of the victim in spite of that he sexually assaulted her on the promise of marriage. If the Applicant is released on bail, he may threaten the victim and prosecution witnesses, and requested to reject the application. 5.

I have heard both learned counsel, perused impugned F.I.R. and documents produced on record.

6.

At the time of incident, the victim was more than 16 years and 11 months old. The Applicant is behind bars for more than ten months, yet charge has not been framed. Investigation is completed Shantanu S. Dhudum 2/4

and charge-sheet has been filed. Considering these facts, I pass following order :

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.544 of 2024 registered with Lonand Rural Police Station, District Satara, on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned police station as and when required.

iv. The Applicant shall not enter in district Satara till recording of evidence of the victim.

v. The Applicant shall remain present before the trial Court on each date unless exempted by the Trial Court.

vi. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vii. The Applicant shall inform his latest place of Shantanu S. Dhudum 3/4

residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

9.

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

10.

All concerned to act on the authenticated copy of this order. 11.

As Ms. Isla Shaikh is appointed through Legal Aid to represent to Respondent No.2, Professional Fees of Rs.10,000/- be paid to her.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4