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Bombay High CourtBA/21/2025disposed off

Ganesh Tukaram Bagad v. The State Of Maharashtra And ANR

2025-05-05Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 21 OF 2025 Ganesh Tukaram Bagad ...Applicant

VERSUS

The State of Maharashtra and Anr.

...Respondents

WITH CRIMINAL BAIL APPLICATION NO. 843 OF 2025 Aniruddh Sunil Shete ...Applicant

VERSUS

The State of Maharashtra and Anr.

...Respondents

....

Mr. Abhinav Dubey a/w Mr. Amit Tiwari, Advocate for the Applicant in BA/21/2025.

Ms. Kalyani Mangave a/w Mr. Jayant Sonawane, Advocate for the Applicant in BA/843/2025.

Mr. C. D. Mali, A.P.P. for the Respondent - State. Ms. Kanchan Pawar, Advocate for Respondent No.2 in BA/21/2025.

Ms. Vilasini B., Advocate for Respondent No.2 in BA/843 of 2025.

....

CORAM

:

N. R. BORKAR, J.

DATE :

05.05.2025.

P.C.

:

1.

As both these applications for regular bail are arising

out of one and the same crime, they are being disposed of by this common order.

2.

The applicants came to be arrested in Crime No. 360 of 2024 registered at Otur Police Station, Dist- Pune for the offences punishable under Sections 74, 78 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012. 3.

According to the prosecution that on 13.08.2024 the applicant Aniruddh Shete had sent one chit to the victim, wherein he had expressed his love for her. The applicant Ganesh Bagad and other co-accused are the friends of the applicant Aniruddh Shete. It is alleged that they all used to follow the victim on her way to school and while coming back from school.

4.

I have heard the learned counsel for the applicant, the learned APP for the respondent/State and learned counsel for the respondent No.2/victim.

5.

The learned counsel for the applicants submits that the applicants are students. It is submitted that the applicants are in jail for seven months and there are no other criminal antecedents.

6.

On the other hand, the learned APP for the Respondent/State and learned counsel for the respondent No.2/victim submit that the applicants are involved in serious offence of stalking. It is submitted that considering

the nature of offence the applicants may not be released on bail.

7.

The fact that the applicants are students is not disputed. The applicants are in jail for seven months and there are no other criminal antecedents. Considering the overall facts and circumstances of the case, I am inclined to release the applicants on bail. In the result, the following order is passed:

O R D E R

A] The Applications are allowed.

B] The applicants be released on bail in Crime No. 360 of 2024 registered at Otur Police Station, Dist- Pune for the offences punishable under Sections 74, 78 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.

8.

Applications stand disposed of accordingly.

(N. R. BORKAR, J.)