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Bombay High CourtBA/3464/2025disposed off

Rajesh Ramesh Rajput v. The State Of Maharashtra

2025-12-10Hon'Ble Shri Justice Shivkumar Dige3 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION. NO. 3464 OF 2025 Rajesh Ramesh Rajput ...Applicant

Versus

The State Of Maharashtra And Anr.

...Respondents

HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.12.11 19:52:34 +0530 ------- Mr. D. M. Latake Advocate for the Applicant.

Mr. Shivraj Jagadale for Respondent No. 2.

Mr. S. H. Yadav, APP for the State.

-------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

10th DECEMBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.175 of 2023 registered with Ichalkaranji Police Station, DistKolhapur for the offences punishable under Sections 354 and 354A of Indian Penal Code, 1860 and under Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

It is prosecution's case that on 6th June, 2023 at around 8.30 p.m., the applicant outraged the modesty of the minor daughter of the first informant.

3.

It is the contention of learned counsel for the applicant that the

applicant is behind bar more than two years. There is no progress in trial. Applicant has undergone more than half of the sentence. Hence, requested to allow the application.

4.

It is contention of learned APP along with respondent no. 2 that the maximum sentence is more than five years. Applicant has outraged the modesty of seven years old girl. If the applicant released on bail, he may abscond and threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard all learned counsels, perused the FIR and documents produced on record.

6.

The allegations against the applicant are of outraging the modesty of minor girl. He is behind bar more than two years. There is no progress in trial. Applicant has no antecedents. It may take time to conclude the trial. Considering the incarceration period of the applicant, further detention of applicant is not required and I pass following order:

ORDER

I.

The applicant be enlarged on bail in Crime No.175 of 2023 registered with Ichalkaranji Police Station, DistKolhapur on executing P. R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

II.

The applicant shall attend the Court dates regularly. III. The applicant shall not enter in the area where the victim stays.

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. 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.

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

10.

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