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Bombay High CourtBA/71/2025allowed

Bapurao Sahebrao Dhumal v. The State Of Maharashtra And ANR

2025-04-17Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 71 OF 2025 Bapurao Sahebrao Dhumal ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

....

Mr. Aniket Nikam a/w Mr. Bhargav Pataskar, Mr. Sumit Patil, Advocate for the Applicant.

Mr. Ranjeet M. Pawar, Advocate for the Respondent No.2/First Informant.

Mr. S. S. Chaudhary, A.P.P. for the Respondent - State. Mr. Bharat Jadhav, (P.S.I.) Daund Police Station, present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

17th APRIL, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 612 of 2024 registered at Daund Police Station, District : Pune for the offences punishable under Sections 75, 79 r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 8, 12 & 21 of the Protection of Children from Sexual Offences Act, 2012.

3.

The applicant was the teacher of the victim. The allegations against the applicant are of sending inappropriate messages to the victim on Whats App and touching her inappropriately, while teaching in the class room. 4.

The learned counsel for the applicant submits that the applicant is in jail for nine months and the trial is still at the stage of framing of charge. It is submitted that the maximum punishment for the alleged offences is five years. It is submitted that the applicant is not involved in any other crime.

5.

On the other hand, the learned A.P.P. for the Respondent No.1-State submits that the applicant is involved in serious crime of sexual assault/harassment. It is submitted that considering the nature of offence, the applicant may not be released on bail.

6.

The learned counsel for the Respondent No.2/Victim submits that the father of the victim, who is present in the Court has no objection if the applicant is released on bail on stringent conditions.

7.

Considering the over all facts and circumstances, I am

inclined to release the applicant on bail on certain conditions.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No. 612 of 2024 registered at Daund Police Station, District : Pune for the offences punishable under Sections 75, 79 r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 8, 12 & 21 of the Protection of Children from Sexual Offences Act, 2012, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not contact the victim or her family members.

(iv) The applicant shall not tamper with the prosecution evidence.

(v) The applicant shall not enter into the limits of Daund Taluka except to attend the dates before the trial Court till conclusion of trial.

(vi) Application stands disposed of accordingly.

(N. R. BORKAR, J.)