Chidanand Shivchaalappa Martand (Pujari) v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2400 OF 2025 HARISH VITHAL CHAUDHARI Chidanand Shivchaalappa Martand (Pujari) ...Applicant

Versus

State of Maharashtra And Anr.

...Respondents

.....

Mr. Vikrant V. Phatate for the Applicant.

by HARISH VITHAL CHAUDHARI Date:

2025.12.05 18:18:01 +0530 Mr. S. H. Yadav, APP for the Respondent-State. Mr. Rajwardhan I Ghorpade Advocate for Respondent No.2. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

4th DECEMBER, 2025 P.C.

1.

The applicant is apprehending arrest in Crime No.447 of 2025 registered with Akkalkot South Police Station, Dist. Solapur for the offences punishable under sections 74, 78 and 115(2) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012. 2.

It is prosecution's case that on 27th August 2025, the applicant had outraged the modesty of the minor daughter of the first informant.

3.

It is contention of learned counsel for applicant that the statement of victim under Section 164 of Cr.P.C is recorded. In the

said statement, the victim has not stated anything against the applicant. Applicant has been falsely implicated in this case as counter FIR is lodged against the father of the victim. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant had outraged the modesty of the minor daughter of the first informant. Considering the allegations against the applicant, his custodial interrogation is not required and requested to allow the application. 5.

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

6.

It appears from the record that counter FIRs are filed by the applicant and the father of the victim against each other. The statement of victim under section 164 of Cr.P.C. has been recorded. In that statement, she has not stated anything against the applicant. Considering this fact, custodial interrogation of the applicant is not required and I pass the following order:

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.447 of 2025 registered with Akkalkot South Police Station, Dist. Solapur 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 attend the concerned police station as and when required.

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 anticipatory 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.)