Dhanaji Sanjay Lawate v. The State Of Maharashtra And Others

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3597 OF 2025 Dhanaji Sanjay Lawate ...Applicant

Versus

The State Of Maharashtra And Others

...Respondents

HARISH VITHAL CHAUDHARI ------- Mr. Shivraj V. Patil (Shirgaonkar) a/w Vijay Bendgude & Pradeep Patil Advocate for the Applicant.

Mr. S. S. Chaudhari, APP for the Respondent-State. Mr. G. M. Savagave & Abhiman Patil Advocate for Respondent No. 2. Mr. Anand Patil a/w Soham Powar for Respondent No. 3. by HARISH VITHAL CHAUDHARI Date:

2025.12.17 10:27:06 +0530 -------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

15th DECEMBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.610 of 2023 registered with Sangola Police Station, Dist-Solapur for the offences punishable under Sections 363, 366, 452, 143, 147, 149, 504, 506 and 120-B of the Indian Penal Code, 1860 and under Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012.

2.

It is prosecution's case that on 12th July 2023 the minor daughter of the first informant was kidnapped by the applicant and

co-accused for marrying forcefully with the applicant. 3.

It is contention of learned counsel for the applicant that the applicant has been falsely implicated in this case. The victim herself had gone with the applicant. The police has recorded the statement of victim, wherein, she stated that she herself had gone with the applicant. Applicant is not married with her. Applicant and his family members has a dispute with the first informant and his family members and to take revenge of it, the first informant has lodged false complaint against the applicant and his family members. Applicant is behind bar more than 2 years. Investigation is completed charge sheet has been filed. Hence, requested to allow the application.

4.

It is contention of learned APP along with responded No.2 that the victim is minor. The applicant and co-accused barged in the house of the first informant, locked the door of the room where the first informant was present and kidnapped the minor daughter of the first informant for marrying with her forcefully. Applicant has 8 antecedents. If the applicant released on bail, he may threaten the prosecution witnesses and the first informant, hence, requested to reject the application.

5.

It is contention of learned counsel for respondent No. 3 that at

the time of incident, the victim was 17 years and 10 months old and she herself had gone with the applicant and she has no objection to allow the bail application of the applicant.

6.

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

7.

The prosecution's case is of kidnapping the victim i.e. the daughter of the first informant by the applicant, but the learned counsel for the victim has submitting that the victim herself had gone with the applicant and she has no objection to allow the bail application of the applicant. At the time of incident she was 17 years and 10 months old. The applicant is behind bar more than 2 years. Investigation is completed, chargesheet has been filed. Considering these facts, further detention of the applicant is not required and I pass following order :

ORDER

I.

The applicant be enlarged on bail in Crime No.610 of 2023 registered with Sangola Police Station, DistSolapur 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 tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 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.)