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Bombay High CourtABA/1344/2025allowed

Rohit Baban @ Parmeshwar Nagare v. The State Of Maharashtra And ANR

2025-12-03Hon'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. 1344 OF 2025 Rohit Baban @ Parmeshwar Nagare ...Applicant

Versus

The State Of Maharashtra And Anr.

...Respondents

Mr. Yogesh H. Jadhav, Advocate for the Applicant Mr. Mohan M. Chavan Advocate for Respondent No. 2 Mr. Anand S. Shalgaonkar APP for the Respondent-State

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

3rd DECEMBER, 2025.

P.C.

1.

Applicant is apprehending his arrest in C.R. No. 9 of 2025 registered with Vaduj Police Station, District: Satara for offences punishable under Sections 137(2), 64, 3(5) of Bhartiya Nyay Sanhita, 2023 and under Sections, 4, 6, 8 and 12 of Protection of Children IRESH MASHAL from Sexual Offences Act, 2012.

Digitally signed by IRESH MASHAL Date:

2025.12.22 19:17:51 +0530 2.

It is the prosecution's case that on 12th January 2025, minor daughter of the first informant was kidnapped by unknown persons. In investigation it is revealed that accused no. 1 kidnapped her and sexually assaulted her. It is alleged that the applicant helped accused no. 1 in the said offence.

3.

It is contention of learned counsel for applicant that no specific role is attributed to the applicant in F.I.R. Considering the allegations against the applicant, his custodial interrogation is not required. Hence, requested to allow the application. 4.

It is contention of learned APP alongwith learned counsel for respondent no. 2 that accused no. 1 kidnapped minor daughter of the first informant and sexually assaulted her. The applicant helped accused no. 1 in the said offence. Considering the allegations against the applicant, his custodial interrogation is required. Hence, requested to reject the application.

5.

I have heard all the learned counsel, perused F.I.R. and documents produced on record. The statement of the victim recorded under Section 164 of Code of Criminal Procedure, 1973 shows that she has not uttered any word against the applicant except accused no.

1. Considering these facts, custodial interrogation of the applicant is not required and I pass following order:

O R D E R

I.

Application is allowed.

II.

In the event of arrest, applicant be enlarged on bail in C.R. No.

9 of 2025 registered with Vaduj 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 tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

V.

Application is disposed off in above terms.

VI.

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

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

(SHIVKUMAR DIGE, J.)