Sachin Balaso Chavan 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. 4615 OF 2024 Sachin Balaso Chavan ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

------- Mr. Laxman K. Kalel, Advocate for the Applicant. HARISH VITHAL CHAUDHARI Mr. V. B. Bedekar, Advocate for Respondent No.2 - Original Complainant.

Digitally signed by HARISH VITHAL CHAUDHARI Date:

2025.11.27 19:42:33 +0530 Ms. P.S. Rane, APP for the Respondent No.1 - State. -------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

25th NOVEMBER, 2025.

P.C.

1.

By this application, applicant is seeking regular bail in Crime No.386 of 2023 registered with Mohol Police Station, District-Solapur for the offences punishable under Sections 376(3), 363, 366 and 506 of the Indian Penal Code, 1860 and Sections 4, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012 and under Sections 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. 2.

It is prosecution's is that the applicant sexually assaulted the minor daughter of the first informant on 19th April 2023.

3.

It is contention of learned council for the applicant that there was love affair between the applicant and the victim. At the time of incident, the victim was 15 years old whereas, the applicant was 21 years old. The applicant is behind bar more than 2 years and 6 months. It may take time to conclude the trial. The applicant is a student and he has no antecedents. Hence requested to allow the application.

4.

It is contention of learned APP along with respondent no. 2 that the applicant took the victim with him on his motorcycle and sexually assaulted her and thereafter, he left her at bus stand. The medical evidence supports the prosecution's case. If the applicant released on bail, he may threaten the victim and prosecution witnesses, hence, requested to reject the application. 5.

I have heard both learned counsels, perused the FIR and documents produced on record.

6.

At the time of incident, the victim was 15 years old and the applicant was 21 years old. The applicant is behind bar more than 2 years and 6 months. It may take time to conclude the trial. The applicant is a student. Considering these facts, I pass following order :

ORDER

I.

Application is allowed;

II.

The applicant be enlarged on bail in Crime No.386 of 2023 registered with Mohol Police Station, 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 enter in the area where, the first informant and victim stays till recording of the evidence of the victim and the first informant.

IV.

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

7.

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

8.

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.

9.

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

10.

As Mr. V. B. Bedekar is appointed through Legal Aid Committee to represent respondent no. 2, professional fees of Rs.10,000/- be paid to him.

(SHIVKUMAR DIGE, J.)