Kishor Madhukar Randive v. State Of Maharashtra And ANR

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.249 OF 2025 HARISH VITHAL CHAUDHARI Kishor Madhukar Randive .....Applicant Vs State Of Maharashtra And Anr.

.....Respondents by HARISH VITHAL CHAUDHARI Date:

2025.09.03 19:22:45 +0530 Adv. Reitesh M. Thobde a/w Changdev Shingade, Darshan Singh Rajpurohit & Hansika Jadhav for the Applicant. Mr. A. S. Shalgaonkar, APP for the Respondent-State. Mr. Abhishek Dare, appointed Advocate for Respondent No.2. CORAM :

SHIVKUMAR DIGE, J.

DATE :

26th AUGUST 2025 P.C.:

1.

By this application, the applicant is seeking regular bail in C.R.No. 681 of 2024 registered with Mangalwedha City Police Station, Dist-Solapur, for the offences punishable under Section 137(2) and 75 of Bharatiya Nyaya Sanhita and under Sections 8 and 12 of Protection of Child from Sexual Offences Act, 2012. 2.

It is prosecution's case that on 21st September 2024, the applicant kidnapped the daughter of first informant, who was minor. It is the contention of the learned counsel for the

Applicant that there are no allegations against the applicant of sexual assault on the victim. The maximum punishment for the offences applied against the applicant is up to 5 years. The applicant is behind bar around one year. There was love affair between the applicant and victim. The victim herself had gone with the applicant. Hence, requested to allow the application. 3.

It is the contention of learned APP and the learned counsel for Respondent No. 2 that the applicant kidnapped the victim, who was minor. The applicant and victim stays in the same area. They are neighbors. If the applicant is released on bail, he may threaten the prosecution witnesses and victim. Hence, they requested to reject the application. 4.

I have heard both learned counsel. Perused the FIR, and documents produced on record. The maximum punishment for the offences applied against the applicant is up to 5 years. The applicant is behind bar around 1 year. The applicant has no criminal antecedents. Considering the above facts, further detention of the applicant is not required.

5.

In view of above, I pass the following order :

ORDER

(i) The application is allowed.

(ii) The applicant be enlarged on bail in C.R.No. 681 of 2024 registered with Mangalwedha Police Station, Dist-Solapur, on executing P. R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the trial court proceeding regularly.

(iv) The applicant shall attend the police concerned police station as and when required. (v) The applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

(vi) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

6.

The application is allowed in the aforesaid terms and is accordingly disposed of.

7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide

the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.]