Tukaram Maruti Sangolkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3414 OF 2025 Tukaram Maruti Sangolkar ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. Amol A. Kanaki i/by Mr. Kaustubh Patil, Advocate for the Applicant.

Ms. Dipali Kamalakar for Respondent No.2, through legal-aid. Mr. A. S. Shalgaonkar, APP for the Respondent-State. Mr. S.S. Aswale, Grade PSI, Vishrambag Sangli Police Station, present.

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

27th NOVEMBER, 2025.

P.C.

1.

By this application, applicant is seeking regular bail in C.R. IRESH MASHAL No. 38 of 2025 registered with Vishrambag Police Station, Sangli, by IRESH MASHAL Date:

2025.11.28 15:35:32 +0530 District Sangli for offences punishable under Sections, 64, 351(2) of Bhartiya Nyay Sanhita, 2023, and Sections 4, 8 of Protection of Children from Sexual Offences Act, 2012 and under Sections 3(1)(r) (s), 3(1)(w)(i)(ii), 3(2)(va), 3(2)(5) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

It is the prosecution's case that during period August 2023 to 9th February 2025, the applicant made friendship with the first informant and sexually assaulted her by threatening her. He also abused the first informant on her caste.

3.

It is contention of learned counsel for applicant that applicant is behind bar for more than 10 months. There was love relation between the applicant and respondent no. 2. There is delay in lodging the complaint. Hence, requested to allow the application. 4.

It is contention of learned APP alongwith learned counsel respondent no. 2 that applicant made friendship with the first informant and then sexually assaulted her by threatening her. He also abused on her caste. if applicant is released on bail, he may threaten the first informant and prosecution witnesses. Hence, requested to reject the application.

5.

I have heard all the learned counsel, perused F.I.R. and documents produced on record. The date of sexual assault is mentioned as October 2024 and in F.I.R. is lodged in February 2025. There is delay of around four months. At the time of incident, victim was more than 17 years and 10 months old. The applicant has abused the first informant by sending the message. It was not in public view. Applicant is behind bar for more than 10 months. The applicant has no antecedents. It may take time to conclude the trial. 6.

In view of above, I pass following order:

O R D E R

I.

The Application is allowed.

II.

The Applicant be enlarged on bail in C.R. No. 38 of 2025 registered with Vishrambag Police Station, Sangli, 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 attempt to influence or contact the witnesses or any person concerned with the case.

IV.

The applicant shall not contact the victim.

V.

The Applicant shall attend the Trial Court dates, regularly. 7.

The learned counsel for respondent no. 2 is appointed through Legal Aid panel. Her professional fee of Rs. 10,000/- to be paid to her. 8.

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

9.

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.

10.

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