Bahubali Dashtrath Dukki v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3370 OF 2025 Bahubali Dashtrath Dukki ...Applicant

Versus

The State of Maharashtra And Another

...Respondents

.....

Ms. Savita Shedbale for Applicant.

Ms. Sneha Sule, Advocate for Respondent No.2. Mr. A. S. Shalgaonkar, APP for the Respondent-State. API Kalyani Shinde, Sangli (R) Police Station, present. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

15th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.134 of 2025 registered with Sangli Rural Police Station, District Sangli for the offences punishable under Sections 64, 64(2)(m), 69, 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(J)(ii), 5(L), 8 & 12 of the Protection of Children From Sexual Offences Act, 2012.

2.

It is prosecution's case that in the month of January 2024, the applicant sexually assaulted the victim on several occasions by threatening her.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.16 18:02:34 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that the applicant is behind bar for six months. Investigation is completed and charge-sheet has been filed. At the time of incident, the victim was about 17 years and 3 months old. There was love affair between the applicant and victim. The applicant has no antecedent. Learned counsel further submitted that the statement recorded under Section 164 of Cr.P.C., the victim has not stated anything against the applicant. Hence, requested to allow the application. 4.

It is contention of learned APP that the applicant has sexually assaulted the victim repeatedly, who was minor and impregnated her. The applicant and victim stays in the same area, therefore if applicant released on bail he may threaten the victim and prosecution witnesses. Hence, requested to reject the application. 5.

The learned counsel for Respondent No.2 submits that the first informant and victim are present in the Court. They have no objection to allow the bail application.

6.

I have heard all the learned counsels, perused the FIR and documents produced on record. There is delay in lodging the complaint. At the time of incident, the victim was 17 years and 3 months old. While recording the statement of the victim under Section 164 of Cr.P.C., she has not stated anything against the

applicant. The applicant is behind bar fore more than six months. Investigation is completed and charge-sheet has been filed. Considering these facts, I pass following order :

ORDER

(i) The Application is allowed;

(ii) The Applicant be enlarged on bail in Crime No.134 of 2025 registered with Sangli Rural Police Station, District Sangli, 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 shall not attempt to influence or contact the victim and witnesses or any person concerned with the case.

(iv) The Applicant shall attend the Trial Court dates, regularly.

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. (SHIVKUMAR DIGE, J.)