Nilesh Sunil Burade v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2469 OF 2024 SONALI MILIND PATIL Nilesh Sunil Burade ...Applicant

Versus

The State of Maharashtra

...Respondent

SONALI MILIND PATIL Date: 2026.01.08 18:18:52 +0530 Mr. Ganesh Bhujbal, for the Applicant.

Ms. G. P. Mulekar, APP, for the Respondent No.1-State. Ms. Shilpa Pawar, for the Respondent No.2.

Mr. Ashok Raut, PSI, attached to Baramati City Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

8th JANUARY 2026 PC:- 1.

Heard Mr. Bhujbal, learned Counsel appearing for the Applicant, Ms. Mulekar, learned APP appearing for the Respondent No.1-State and Ms. Pawar, learned Counsel appointed to represent the interest of the Respondent No.2.

2.

This application is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail in connection with C.R. No.361 of 2024 registered with Baramati City Police Station, Pune, for the offences punishable under Sections 420, 406,

354, 354-A, 504, 506 read with 34 of the Indian Penal Code, 1860, Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, Sections 39 and 45 of the Money Lending Act and 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii) and 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

The prosecution case is set out in paragraph No.4 of the order dated 14th June 2024 passed by the learned Special Judge, Baramati in Criminal Bail Application No.580 of 2024, which reads as under:

"4. Facts of the case are that complainant-victim lodged report to Baramati City Police Station on 17.05.2024, that on 10.05.2024 at about 7.00 p.m., when she had been to the house of the accused to demand rent, accused Nilesh, Mangesh and Abhijit were present, out of whom, Abhijit caught her hand and pulled her in home. At that time, accused Nilesh, Mangesh, Abhijit and Jagruti knowing that victim was belonging to scheduled caste community, uttered to pay rent to complainant using words relating to her caste. Nilesh put her hand on her backseat place and Mangesh put his hand around her neck. She made escape and told the incident to her mother, who approached the accused persons, to whom, they stated that she should not tell the incident to anyone, else they would not return the amount of gold and money pledged with them. It is also reported that for loan of Rs. 60,000/-, accused

persons have retained gold weighing 30 tolas. On such allegations, offences against accused persons as above are registered."

4.

It is the submission of Mr. Bhujbal, learned Counsel appearing for the Applicant that the Applicant is not involved in the crime and in any case, he has been granted interim protection by a learned Single Judge by order dated 13th September 2024 which is continued till date. He further submits that the chargesheet is already filed and there are no criminal antecedents against the Applicant.

5.

On the other hand, Ms. Mulekar, learned APP appearing for the Respondent No.1-State and Ms. Pawar, learned Counsel appointed to represent the interest of the Respondent No.2 strongly oppose the Anticipatory Bail Application. Both of them submit that the offence is very serious and therefore, Anticipatory Bail Application be rejected.

6.

Ms. Pawar, learned Counsel appointed to represent the interest of the Respondent No.2 points out the contents of the FIR and submits that the offence is very serious and inter alia is under

the POCSO Act. Therefore, she submits that the Anticipatory Bail Application be rejected.

7.

Perusal of the record shows that by order dated 13th September 2024, a learned Single Judge has granted interim protection which is continued till date. In the meanwhile, the charge-sheet is already filed. There are no other antecedents against the Applicant.

8.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Nilesh Sunil Burade in connection with C.R. No.361 of 2024 registered with the Baramati City Police Station, Baramati, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs 25,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the Baramati City Police Station, Baramati, as and when called by the

Investigating Officer and shall co-operate with the investigation.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

9.

The Anticipatory Bail Application is disposed of accordingly.

10.

This Court places on record the appreciation of the assistance rendered by Ms. Shilpa Pawar, learned Counsel appointed to represent the interest of Respondent No.2. [MADHAV J. JAMDAR, J.]