Anand Raju Manmode v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 940 BAIL APPLICATION NO. 2456 OF 2025 Anand Raju Manmode ....Applicant

VERSUS

The State of Maharashtra & another .....Respondents Mr. S.B. Surse, Advocate for Applicant.

Mr. D B. Bhange, APP for the State.

Mr. A. M. Gaikwad, Advocate (appointed) for Respondent No. 2. CORAM : SACHIN S. DESHMUKH, J.

DATE : 13th FEBRUARY, 2026.

PER COURT :

1.

Applicant seeks regular bail in connection with Crime No. 19/2024 registered with Gangapur Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Sections 363, 376, 376(3), 34 of Indian Penal Code and under Sections 4, 8, 12 of Protection of Children from Sexual Offences Act and Sections 3(1)(w) (i)(ii), 3(2)(v), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2.

The First Information Report was lodged at the instance of mother of the victim in relation to an offence under Section 363 of the Indian Penal Code against unknown person. Subsequently, the

- 2 - statement of the victim came to be recorded by the police wherein it is stated that the victim was in relation with the Applicant and used to have conversation on mobile. AFter realising the same, the mother of the victim refrained the victim. Resultantly, the victim left the house and joined the company of accused. During the brief period, the accused Nos. 1 and 2 allegedly committed sexual intercourse with the victim at a lodge. On the basis of said statement, the aforesaid offences came to be registered against the accused. 3.

The statement of the victim indicates that she left the house at her own volition and accompanied the accused. Thereafter, the victim remained in the company of the accused and the said statement does not contain the allegation of force or compulsion. 4.

As such, the victim consciously participated in the act, thus, the fatual matrix of the case does not reflect any active inducement or coercive conduct on the part of the accused. 5.

Apart from the afoesaid aspect, the investigation of the case has been completed and eventually the charge-sheet is also filed. Moreover, the age of Applicant is 23 years and has no criminal

- 3 - antecedents. Thus, no fruitful purpose would be served by keeping the Applicant behind the bars for indefinite period. 6.

Keeping in view the peculiar facts and circumstances of the case, the right to liberty of the Applicant needs to be upheld by imposing stringent conditions. In that view of the matter, the Applicant deserves to be released on bail.

7.

The High Court Legal Services Sub-Committee, High Court Bench at Aurangabad, to pay the fees of the learned Counsel appointed on behalf of Respondent No. 2, as per rules. 8.

Resultantly, following order is passed :-

ORDER

(i) Application is allowed.

(ii) Applicant Anand Raju Manmode, be released on bail, on furnishing P.R. bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with Crime No. 19/2024 registered with Gangapur Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Sections 363, 376, 376(3), 34 of Indian Penal Code and under Sections 4, 8, 12 of Protection of Children from Sexual Offences Act and Sections 3(1)(w)(i)(ii),

- 4 - 3(2)(v), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on the following conditions :- (a) The Applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

(b) The Applicant shall attend the trial on each and every date unless exempted by the Trial Court and shall not leave the area of jurisdiction of the concerned Police Station till conclusion of the trial.

(c) The Applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers of the Applicant and two of the near relatives.

(d) In case of breach of any of the conditions by the Applicant, it is open for the prosecution to move concerned Court seeking cancellation of bail. (iii) Needless to state that, nothing stated hereinabove shall be construed as an expression on merits of the case. Learned Trial court shall proceed independently and uninfluenced by the observations made hereinabove.

(SACHIN S. DESHMUKH, J.) dyb