Shubhangi Umesh Naik v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2151 OF 2025 Shubhangi Umesh Naik ...Applicant

Versus

State Of Maharashtra And Anr

...Respondents

Mr. Sanjeev Kadam, Senior Advocate a/w Ms. Varsha Thorat, Mr. Aarya V. Ambulkar i/by Mr. Milind Deshmukh, Advocate for the Applicant.

Ms. Vaishnavi Gaikwad i/by Mr. Rushikesh Patil, Advocate for Respondent No.2.

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

3rd DECEMBER, 2025.

P.C.

1.

Applicant is apprehending his arrest in C.R. No. 257/2025 registered with Velapur Police Station, District Solapur for offences punishable under Sections 64(2)(m), 115(2), 351(2), 88, 91 and IRESH MASHAL 3(5) of Bhartiya Nyay Sanhita, 2023 and under Sections, 4, 6, 8 and Digitally signed by IRESH MASHAL Date:

2025.12.04 19:02:48 +0530 12 of The Protection of Children from Sexual Offences Act, 2012. 2.

It is the prosecution's case that the co-accused sexually assaulted the victim who was minor and due to the said sexual assault, she became impregnated. The victim went to the hospital of the applicant, at that time, the applicant had given her contraceptive pill. After taking the said pill, there was miscarriage of the victim.

3.

It is contention of learned senior counsel for the applicant that while on interim relief, the applicant has cooperated in the investigation. Investigation is completed and charge-sheet has been filed. The father of the victim has given an affidavit before this Court stating that he has no objection to allow the bail application. 4.

It is contention of learned APP alongwith learned counsel respondent no. 2 that the applicant is a doctor, she was aware that victim was minor, in spite of that she gave her the contraceptive pill, due to which there was miscarriage of the victim. Considering the allegation against the applicant, 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. Investigation is completed and charge-sheet has been filed. While on interim relief, the applicant has cooperated in the investigation. 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. 257/2025 registered with Velapur Police Station, District Solapur 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 of in above terms.

6.

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