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Bombay High CourtABA/2196/2025application allowed

Prem Rahul Kshirsagar v. The State Of Maharashtra And Another

2025-12-11Hon'Ble Shri Justice Mehroz K. Pathan2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2196 OF 2025 Prem Rahul Kshirsagar ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondent .....

Advocate for Applicant : Mr. More P. P.

APP for Respondents: Mr. A.A. Khan.

CORAM : MEHROZ K. PATHAN, J.

DATE : 11TH DECEMBER, 2025.

P.C. :- 1.

Notice returnable on 9th January, 2025.

2.

APP waives notice for respondent No.1.

3.

It is submitted that initially, report was lodged under Section 363 of IPC and after a period of one year, when the statement of the victim was recorded on 31.3.2025, the other sections of sexual harassment under the POCSO Act were added in the charge sheet. It is submitted that the applicant was issued a notice under Section 35 and he had cooperated with the investigation as per Column Nos. 9 and 10 of the relevant extract of charge sheet, filed by the prosecution on 15.8.2025.

4.

I have gone through the charge sheet and the statement of one Parshuram Darade, who claims to have married the missing girl. After going through the statement of the victim and Parshuram Darade, I am inclined to protect the applicant till the investigation papers are seen, however, on imposing certain conditions as follows :-

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O R D E R

[I] In the event of arrest of the applicant, in connection with Crime No. 0139 of 2024, registered with Kingaon Police Station, Dist. Latur, for the offences under Sections 363 of IPC and under Sections 96, 64(2)(m), 65(1), 115, 351(3) r/w. 3-5 of the Bhartiya Nyaya Sanhita and under Section 4, 5-L and 17 of the POCSO Act, the applicant Prem Rahul Kshirsagar be released on bail on furnishing PR Bond in the sum of Rs. 50,000/-, with one or more sureties in the like amount, on the following conditions :

[i] The applicant shall attend the concerned police station and report to the I.O. on every Monday and Tuesday i.e. on 22nd, 23rd 29th and 30th December, 2025 and 5th and 6th January, 2026 between 11.00 a.m. to 1.00 p.m. and shall cooperate with the investigation.

[ii] The applicant shall not tamper with the prosecution evidence.

[iii] The I.O. shall make investigation papers available on next date of hearing.

[iv] The applicant shall submit his Aadhar and Pan card to the I.O.

[iv] Stand over to 9th January, 2026.

[MEHROZ K. PATHAN] JUDGE.

grt/-