Saurabh Namdeo Kulvade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 5084 OF 2024 Saurabh Namdeo Kulvade ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

....

Mr. Sanjiv Sawant a/w Mr. Samir Suryawanshi and Ms. Bhakti W. i/by Mr. Samir Suryawanshi, Advocate for the Applicant. Mr. S. V. Walve, A.P.P. for the Respondent No.1 - State. Ms. Deepali Bagla, Appointed Advocate for Respondent No.2. ....

CORAM

:

N. R. BORKAR, J.

DATE : 07th MAY, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 360 of 2024 registered at Otur Police Station, Dist- Pune for the offences punishable under Sections 74, 78 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012. 3.

According to the prosecution that on 13.08.2024 the co-accused Aniruddh Shete had sent one chit to the victim, wherein he had expressed his love for her. The present applicant and other co-accused are the friends of the

co-accused Aniruddh Shete. It is alleged that they all used to follow the victim on her way to school and while coming back from school.

4.

I have heard the learned counsel for the applicant, the learned APP for the respondent/State and learned counsel for the respondent No.2/victim.

5.

The learned counsel for the applicant submits that the applicant is a student. It is submitted that the applicant is in jail for seven months and there are no other criminal antecedents.

6.

On the other hand, the learned APP for the Respondent/State and learned counsel for the respondent No.2/victim submit that the applicant is involved in serious offence of stalking. It is submitted that considering the nature of offence the applicant may not be released on bail. 7.

The fact that the applicant is a student is not disputed. The applicant is in jail for seven months and there are no other criminal antecedents. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 360 of 2024 registered at Otur

Police Station, Dist- Pune for the offences punishable under Sections 74, 78 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

8.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)