Rashid Balaso Mujawar v. The State Of Maharashtra

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3498 OF 2025 Rashid Balaso Mujawar ...Applicant

Versus

The State Of Maharashtra

...Respondent

HARISH VITHAL CHAUDHARI ------- Mr. Pratik G. Tare a/w Mr. Sachin Y. Mane, Mr. Vyankatesh Joshi, Ms. Vaishnavi Swami Advocate for the Applicant.

Mr. D. M. Latake a/w Mr. Nikhil Gore, Mr. Keshav Modani for the Intervenor.

Mr. S. H. Yadav, APP for the State Mr. R. V. Parule, API, Shivaji Nagar, Kolhapur by HARISH VITHAL CHAUDHARI Date:

2025.11.14 18:51:33 +0530 -------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

13th NOVEMBER, 2025.

P.C.

1.

By this application, applicant is seeking regular bail in Crime No. 260 of 2025 registered with Shivaji Nagar Police Station, Kolhapur for offences punishable under Sections 74, 351(2), 352, 75(2), 238 of Bhartiya Nyay Sanhita, 2023 and under Section 67(A) of The Information Technology Act, 2000.

2.

It is the prosecution's case that the applicant had sent obscene videos and photographs on the mobile phone of the first informant and her daughter's on various occasions.

3.

It is contention of learned counsel for applicant that the applicant is behind bar more than 6 months. Investigation is completed. Charge sheet has been filed. It may take time to conclude the trial, hence, requested to allow the application. 4.

It is contention of learned APP along with learned counsel for the intervenor that the applicant has antecedents. He continuously harasses the first informant and her daughter by sending obscene photos and videos. If the applicant released on bail he may again harass the first informant, her daughter and her family members. Hence, requested to reject the application.

5.

I have heard both learned counsels, perused F.I.R. and documents produced on record.

6.

The applicant is behind bar more than 6 months. Investigation is completed. Charge-sheet has been filed. Charge is also framed against the applicant. It may take time to conclude the trial. Considering these facts, I pass following order:

O R D E R

I.

The application is allowed.

II.

The Applicant be enlarged on bail in Crime No. 260 of

2025 registered with Shivaji Nagar Police Station, Kolhapur 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 enter in Kolhapur district till recording of evidence of the first informant and her daughter except attending the Court dates.

V.

The applicant shall not send any message or photos to the first informant and her daughter. If the applicant send any message or photos to the first informant and her daughter, it will amount to breach of bail condition. 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.)