Narendra Tirthraj Dubey v. The State Of Maharashtra And ANR

Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4124 OF 2024 Narendra Tirthraj Dubey ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondent Digitally signed by SHABNOOR AYUB PATHAN Date:

2025.07.25 15:45:38 +0530 SHABNOOR AYUB PATHAN Ms. Anjali Patil a/w Mr. Tohid Shaikh for the applicant. Ms. Mahalakshmi Ganapathy, APP for the State - respondent No.1.

Mr. Ayaan Bhattacharya a/w Trupti Kudtudkar for respondent No.2. (appointed as Legal-Aid counsel).

CORAM

: AMIT BORKAR, J.

DATED : JULY 25, 2025 P.C.:

1.

The Court directs the prosecution to submit a sworn statement, known as an affidavit, from Police Sub-Inspector (PSI) Sudhakar Poddar. This direction is issued in light of a formal complaint lodged by the victim's family. Their complaint asserts that the victim, a minor aged 14 years, was abducted and subjected to sexual assault by the individual referred to as the "applicant" in these proceedings. According to the statements provided by the victim's mother and father, the accused individual was brought to and handed over to PSI Sudhakar Poddar. However, a significant concern has arisen because the accused was reportedly not taken into custody or arrested for a period of one

year following this handover. Consequently, PSI Sudhakar Poddar is hereby mandated to file his personal affidavit, providing a comprehensive and detailed explanation for the delay in arresting the applicant during the aforementioned period. 2.

Furthermore, the Court will also take into consideration the allegations contained within the complaints filed by the victim's father on April 12, 2023, and April 24, 2025. Specifically, it is alleged that a local political figure, identified as Sachin Kadam (Mobile No. 9702055365), made contact with the victim's father via his mobile phone on April 10, 2023, at approximately 10:49 a.m. and again at 4:01 p.m. Mr. Kadam is reported to have identified himself as a leader of a political party during these communications. These specific allegations, concerning the contact made by Sachin Kadam, shall be thoroughly examined in conjunction with the contents of the complaint dated April 24, 2025, which was addressed to the Commissioner of Police, MiraBhayandar Region. 3.

Additionally, a serious incident is alleged to have occurred on April 23, 2025, within the premises of the Sessions Court. While the victim's mother was present, attending the ongoing proceedings in POCSO Case No. 472 of 2022, between 1:00 p.m. and 1:30 p.m., it is stated that an unidentified woman, dressed in a burkha, took photographs of the victim's family members and verbally abused them. A police report, specifically a NonCognizable (NC) entry bearing No. 1029 of 2025, was officially lodged on April 23, 2025, in relation to this incident. Both of these instances, the alleged contact by Sachin Kadam and the incident

within the Court premises, shall be fully incorporated into the ongoing investigation. A comprehensive report detailing the findings of this expanded investigation shall be prepared and submitted to the Court on or before the next scheduled date of hearing.

4.

List the Bail Application on 4 August 2025 under the caption 'for circulation'.

(AMIT BORKAR, J.)