Abhijit Santosh Kashid v. State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3575 OF 2025 Abhijit Santosh Kashid ...Applicant

Versus

State Of Maharashtra And Another

...Respondents

Mr. Mervin Bardeskar a/w Mr. Changdev Shingade i/b Mr. Ritesh Thobde for the applicant Mr. P. P. Deokar APP for the State.

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

23rd DECEMBER, 2025 IRESH MASHAL P.C.

Digitally signed by IRESH MASHAL Date:

2025.12.24 20:33:38 +0530 1.

By this application, applicant is seeking regular bail in Crime No. 637 of 2025 registered with Karmala Police Station, District Solapur for offences punishable under Sections 65(1), 64(2) (m), 351(2) of Bhartiya Nyaya Sanhita, 2023 and under Sections 3(1)(w)(i)(ii), 3(2)(v), 3(1)(r), 3(1)(s), 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

It is the prosecution's case that during period April 2025 to 31st July 2025, the applicant sexually assaulted the minor daughter of the first informant on several occasions by threatening her. 3.

It is contention of learned counsel for applicant that there is delay in lodging complaint. The complaint was lodged when

pregnancy kit was found in school bag of the victim. The applicant is 25 years old. He is behind bar for more than 5 months. Investigation is completed and charge-sheet has been filed. Hence, requested to allow the application.

4.

It is contention of learned APP alongwith learned counsel for respondent no. 2 that at the time of incident, the victim was around 15 years old. The applicant sexually assaulted her on several occasions by threatening her. If the applicant is released on bail, he may threaten victim and prosecution witnesses and requested to reject the application.

5.

I have heard all the learned counsels, perused F.I.R. and documents produced on record. There is delay in lodging the complaint. Investigation is completed and charge-sheet has been filed. In medical report, no injury is found on the private p art of the victim. 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 Crime No. 637 of 2025 registered with Karmala Police Station, District 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 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.

The applicant shall not contact victim and prosecution witnesses.

VI.

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

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

VIII. 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.

IX.

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