Kapil Ravindra Walhekar v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3528 OF 2024 Kapil Ravindra Walhekar ...Applicant

Versus

State of Maharashtra And Anr.

...Respondents

....

Mr. Shekhar Jagtap a/w Ms. Sairuchita Chowdhary, Advocate for the Applicant.

Ms. Chandani Chawla, Appointed Advocate for Respondent No.2. Mr. V. A. Kulkarni, A.P.P. for the Respondent No.1- State. Ms. Snehal Thorat (API) Bharti Vidyapeeth Police Station, Pune, present.

....

CORAM

:

N. R. BORKAR, J.

DATE :

12th MARCH, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 319 of 2024 registered at Bharti Vidyapeeth Police Station, District : Pune, for the offences punishable under Sections 376, 376(2)(n), 376(2)(j), 427 and 506 of the Indian Penal Code and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

3.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

4.

The learned counsel for the applicant submits that the applicant and the victim were studying in the same college. They were in love relationship. It is submitted that alleged physical relationship between them was consensual. It is submitted that the applicant is in jail for about 11 months and the trial is not likely to be concluded in near future. 5.

The learned counsel for the applicant submits that in similar circumstances this Court by order dated 17.02.2025 in Criminal Bail Application No. 3899 of 2024 in the case of Vijay Chand Dubey Vs. The State of Maharashtra and Anr. granted bail to the applicant therein.

6.

On the other hand, the learned A.P.P. for the Respondent No.1-State and learned counsel for the respondent No.2 submits that the applicant was blackmailing and harassing the victim for sexual relationship and thus she even attempted to commit sucide. It is submitted that considering the nature of crime, the applicant may not be released on bail.

7.

I have perused the statement of the victim recorded under Section 164 of Cr.P.C. Prima-facie there appears to be substance in the submission of the learned A.P.P. It appears that the applicant was constantly harassing the victim for sexual relationship and fed up with the said harassment, she even tried to commit suicide. Considering the over all facts and circumstances of the case, I am not inclined to release the applicant on bail.

8.

The application is rejected.

(N. R. BORKAR, J.)