Akshay Nandkishor Gawali v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.729 OF 2025 Akshay Nandkishor Gawali ... Applicant

Versus

State Of Maharashtra & Anr.

... Respondents by NILAM SANTOSH KAMBLE Date:

2026.01.29 15:20:24 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ Mr.Aniket Nikam a/w Mr.Dushyant Digamber i/b Mr.Sumit Patil, for the Applicant.

Mr.P.P. Jadhav, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 27th JANUARY, 2026 P.C. :

.

By this Application, Applicant is seeking regular bail in Crime No.443 of 2024 registered with Dehu Road Police Station, Pimpri Chinchwad, Pune, for the offences punishable under Sections 64(2)(i) of the Bhartiya Nyaya Sanhita, 2023 ('BNS' for short). 2.

It is prosecution's case that on 6th October 2024, the Applicant took the victim to forest, threatened her and sexually assaulted her at knife point.

3.

It is contention of learned counsel for the Applicant that the victim is major. The Applicant is behind bars for more than one year and two months. There is no progress in the trial and requested to allow the Application.

4.

It is contention of learned APP that the Applicant has antecedents. He sexually assaulted the victim at knife point. The complaint was lodged immediately. The medical report supports prosecutions case. If Applicant released on bail, he may abscond or threaten victim and prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The Applicant is behind bars for more than one year and two months. There is no progress in trial. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Akshay Nandkishor Gawali be released on bail in Crime No.443 of 2024 registered with

Dehu Road Police Station, Pimpri Chinchwad, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not enter in the jurisdiction of Pimpri Chinchwad area, till recording of evidence of victim, except attending Court dates.

(iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(v) The Applicant shall attend the concerned Court as and when required.

(vi) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)