Lalbhai @ Lalasab Saidusab Nadaf v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5374 OF 2024 Lalbhai @ Lalasab Saidusab Nadaf ... Applicant

Versus

The State of Maharashtra & Anr.

... Respondents ____________________________________________________________ Mr. Satyavrat Joshi a/w. Priyesh More i/b. Mr. Yash Fadtare, Advocate for the Applicant.

Mr. P. P. Jadhav, APP for Respondent-State.

Ms. Anandini Fernandes, Advocate appointed through Legal Aid. PSI - A. M. Rathod, Dehuraod Police Station present. ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 6th JANUARY, 2026.

P.C. :

1.

By this application the applicant is seeking regular bail in C.R.No. 640 of 2023 registered with Dehu Road Police Station, Pune for the offence punishable under Sections 363, 365, 366A, 370, 376(2) of Indian Penal Code, 1860 (for short "IPC"), Sections 4 and 8 of Protection of Children from Sexual Offences Act, 2012 ( for short "POCSO Act") and under Sections 3, 4 and 5 of Immoral Traffic

(Prevention) Act, 1956 (For short "PITA Act") . 2.

It is prosecution's case that accused No.1 sexually assaulted the victim on several occasions. It is alleged that applicant forced the victim to do prostitution and amount received from the said prostitution was sent by the Applicant to the co-accused. 3.

It is contention of learned counsel for the applicant that the accused No.3, against whom similar allegations are made, he has been released on bail by this Court. Hence applicant is entitled for bail on the principle of parity.

4.

It is contention of learned APP along with learned counsel for respondent No.2 that the applicant was aware that the victim was minor in spite of that he sent her at one lodge at Vijapur and forced her for doing prostitution. The amount received from the said prostitution was sent to co-accused. It shows involvement of the applicant in the crime. If applicant released on bail, he may threaten the victim or prosecution witness and requested to reject the application.

5.

I have heard all learned counsel. Perused FIR and documents produced on record. The role attributed to the present

applicant and accused No.3 is similar. The accused No.3 is released on bail by this Court (Coram :N.R.Borkar, J.). Considering this fact, the applicant is entitled for bail on principle of parity and I pass following order.

ORDER

(a) The applicant is released on bail in connection with C.R.No. 640 of 2023 registered with Dehu Road Police Station, District: Pune, upon executing P.R.Bond of Rs. 30,000/-, on furnishing one or two sureties in the like amount.

(b) The applicant shall not enter into the limits of Pune District except to attend the Court dates. 6.

The Bail Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order.

(SHIVKUMAR DIGE, J.) by SONALI SATISH KILAJE Date:

2026.01.08 11:01:52 +0700 SONALI SATISH KILAJE