Rajendra Abaso Sargar 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. 3531 OF 2025 Rajendra Abaso Sargar ...Applicant

Versus

The State of Maharashtra And Another

...Respondents

.....

Ms. Priyanka K. Tawade h/f Ms. Savita P. Shedbale Mr. P. P. Deokar, APP for the Respondent-State Ms. Poonam Godase for respondent no. 2 Mr. Jeevan Kamble, Jath Police Station .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

11th DECEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in C.R. No. 366 of 2025 registered with Jath Police Station, District Sangli for IRESH MASHAL offences punishable under Sections 64, 64(2)(i), 64(2)(M), 64(2)(F) Digitally signed by IRESH MASHAL Date:

2025.12.12 15:12:11 +0530 of Bhartiya Nyaya Sanhita, 2023 and under Sections 4, 5(J)(2), 5(N), 5(L), 6, 8 & 12 of Protection of Children from Sexual Offences Act, 2012.

2.

It is the prosecution's case that on 20th November 2024, the applicant sexually assaulted the first informant by threatening her. Due to said sexual assault, first informant got pregnant. At the time of incident, first informant was 15 years and 6 months old.

3.

It is contention of learned counsel for applicant that applicant is behind bar for more than 5 months. Investigation is completed and charge-sheet has been filed. Matter is settled between the first informant and the applicant and the applicant is ready to marry the first informant and requested to allow the application. 4.

It is contention of learned APP that applicant has sexually assaulted the first informant. At the time of incident, first informant was 15 years and 6 months old. If applicant is released on bail, he may threaten the prosecution witnesses. Hence, requested to reject the application.

5.

It is contention of learned counsel for respondent no. 2 that she has no objection to allow the application as the matter is settled out of Court and the applicant has agreed to marry with the firs informant after informant completing 18 years of age. 6.

I have heard all the learned counsel, perused F.I.R. and documents produced on record. There is delay in lodging F.I.R, applicant is behind bar for more than 5 months. Investigation is completed and charge-sheet has been filed. The applicant has no antecedents.

7.

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. 366 of 2025 registered with Jath 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 attempt to influence or contact the witnesses or any person concerned with the case.

IV.

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

Professional fees of Rs. 10,000/- to be paid to learned counsel appointed through Legal Aid for respondent no. 2. 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.)