Satish S/O Kashinath Patil v. The State Of Maharashtra, Thr. Pso, Bhadravati, Chandrapur

1 ba947.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.947/2025 (Satish S/o Kashinath Patil Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.V. Rai, Advocate for the applicant.

Mr. Anant Ghogare, A.P.P. for non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 11.9.2025.

Heard.

2.

The applicant is arrested in Crime No.326/2025 for the offence punishable under Section 75(2), 78(1)(ii) and 79 of the Bhartiya Nyaya Sanhita.

3.

The accused, who is the neighbour of the complainant, has sent obscene messages and videos on the mobile of first informant. Initially said messages were received by her from unknown number but on verification she came to know that the applicant is sending obscene messages and videos on her mobile phone. She lodged the complaint, crime is registered against the applicant and the applicant is taken in custody.

4.

The learned Advocate for the applicant has stated that the offence under Section 78(1)(ii) and 79 of B.N.S. are bailable offences and Section 75(2) of B.N.S. is non-bailable offence. The sentence is of three years, investigation is complete and the charge-sheet is filed, therefore, he has prayed to release the applicant on bail. 5.

Learned A.P.P opposed the application stating that though the investigation is complete, considering the offence and as he has sent obscene messages and videos to a lady and the fact that forensic lab

2 ba947.2025.odt report of the mobile of the applicant and the complainant are not yet received, the application needs to be rejected. 6.

Heard both sides and perused the record.

7.

Considering the allegations made against this applicant about sending messages and obscene videos, the imprisonment is for three years, the investigation is complete and the charge-sheet is filed, case is made out to release the applicant on bail. 8.

Accordingly, I pass the following order:- i) Criminal application is allowed.

ii) Applicant Satish S/o Kashinath Patil be released on bail in Crime No.326/2025 for the offence punishable under Sections 75(2), 78(1)(ii) and 79 of the Bhartiya Nyaya Sanhita, on his furnishing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.

iii) The applicant shall not in any way tamper with the prosecution evidence.

iv) The applicant shall not pressurize or threaten the prosecution witnesses.

v) The applicant shall co-operate the Investigation officer. vi) The applicant shall not contact the complainant and harass her by any means.

(MRS. VRUSHALI V. JOSHI, J.) Tambaskar.