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Bombay High CourtABA/1176/2025allowed

Shreyanshu Ganesh Khedekar v. State Of Maharashtra And ANR

2025-12-23Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1176 OF 2025 Shreyanshu Ganesh Khedekar ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

.....

Mr. Drupad S. Patil a/w Mr. Rajvardhan S. Chougule i/by Mr. Namit Pansare, Advocate for the Applicant.

Mr. Rutik A. Kashid, Advocate for Respondent No.2 through legal-aid. Mr. Anand Subhash Shalgaonkar, APP for the Respondent No.1-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

23rd DECEMBER, 2025 P.C.

1.

The applicant is apprehending arrest in Crime No.90 of 2025 registered with Khed Police Station, District Ratnagiri for the offences punishable under Sections 376, 376(2)(j), 376(2)(n), 323, 328, 504 & 506 of the Indian Penal Code, 1860, Sections 4, 6, 8 & 10 of the Protection of Children From Sexual Offences Act, 2012 and Sections 66(E) and 67(A) of the Information Technology Act, 2000. 2.

It is prosecution's case that the applicant sexually assaulted the first informant on several times on the promise of marriage. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.24 21:32:11 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that the relations between the applicant and first informant were consensual. At the time of first incident of sexual assault, the victim was more than 17 years and 4 months old. There was love affair between them. Investigation is almost completed. Custodial interrogation of the applicant is not required. There is delay in lodging the complaint and requested to allow the application.

4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the applicant sexually assaulted the first informant on the promise of marriage on several occasions. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application. 5.

I have heard both the learned counsels, perused the FIR and documents placed on record. The alleged duration of sexual assault is 9th February, 2023 to 23rd March, 2025. There is delay in lodging FIR. At the time of first incident of sexual assault, the victim was more than 17 years & 4 months old. It appears from record that there was love affair between the applicant and victim. Considering these facts, custodial interrogation of the applicant is not required and I pass the following order :

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in in Crime No.90 of 2025 registered with Khed Police Station, District Ratnagiri, 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 tamper with the evidence or attempt to influence or contact the first informant, witnesses or any person concerned with the case.

(iv) The Applicant shall attend the police station as and when required.

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 Mr. Rutik Kashid is appointed to represent Respondent No.2 through legal-aid, professional fees of Rs.10,000/- be paid to him.

9.

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