Samadhan Devidas Bankar v. The State Of Maharashtra And Another

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 26 ANTICIPATORY BAIL APPLICATION NO. 655 OF 2025 Samadhan Devidas Bankar

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. R. P. Mote & Mr. R. R. Bidave APP for Respondents-State: Mr. B. B. Bhise Advocate for Respondent No.3 : Mr. Smita Chole (Kendre) (Appointed) ...

CORAM : ARUN R. PEDNEKER, J.

Dated : May 05, 2025.

PER COURT :- 1.

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned appointed counsel, Ms. Smita Chole (Kendre), for respondent No.3.

2.

The applicant has approached this Court apprehending arrest in connection with FIR No.0128/2025, registered with Chavni Police Station, Aurangabad City, District Aurangabad, for the offences punishable under Sections 74, 78, 351(2), 351(3) of the Bharatiya Nyaya Sanhita and Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3.

The allegation against the applicant is that he held the hand of the victim, who is 15 years of age, used abusive language, and threatened her upon her refusal to marry him. The applicant is 21 years old. It is submitted that the parties are known to each other as they are related. 4.

The learned counsel for the applicant submits that the applicant was at his workplace at the relevant time, and the biometric attendance system 1 of

26 ABA 655-2025 indicates his presence at work. The learned APP refers to the victim's statement under Section 164 of the Cr.P.C., corresponding to Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Taking into account the submissions and the facts on record, as noted above, this Court is inclined to grant interim protection to the applicant, subject to the condition that he shall not enter the Mitmita area of Aurangabad. 5.

In view of the above, in the meanwhile, there shall be an interim order in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with FIR No.0128/2025, registered with Chavni Police Station, Aurangabad City, District Aurangabad, for the aforesaid offences, he shall be released on bail on furnishing a PR bond of Rs.20,000/-, with one or two sureties in the like amount. B] The applicant shall remain present before the investigating officer on 10/05/2025 and 11/05/2025 between 10:30 a.m. and 01:30 p.m., and thereafter as and when required by the investigating officer.

C] The applicant shall co-operate with the investigation, including by producing all documents in his possession as may be demanded by the investigating officer.

D] The applicant shall not influence the informant, witnesses, or any person concerned with the case, and shall not tamper with the evidence.

E] The applicant shall not communicate with the victim or influence witnesses in any manner. He shall not initiate any form of 2 of

26 ABA 655-2025 communication, including through WhatsApp, phone calls, or messages, with the victim, her family members, or any of the witnesses.

6.

Needless to say, violation of any of the aforesaid conditions may result in cancellation of this order.

7.

List the matter on 18/06/2025.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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