Kishor Sanjay Kambale v. The State Of Maharashtra And ANR
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2016 OF 2025 Kishor Sanjay Kambale .....Applicant Vs.
The State of Maharashtra .....Respondents and anr Mr. B. A. Lawte for the applicant Ms. A. Achari for respondent no. 2 (VC) Mr. A. S. Shalgaonkar APP for the State CORAM :
SHIVKUMAR DIGE, J.
DATE :
4th SEPTEMBER 2025 P.C.:
IRESH MASHAL 1.
By this application, applicant is seeking regular bail in by IRESH MASHAL Date:
2025.09.09 14:56:00 +0530 C.R. No. 66/2025 registered with Bhudargad Police Station, District: Kolhapur for offences punishable under Sections 75, 78, 351(3) of Bhartiya Nyay Sanhita, 2023 and under Sections 8, 12, 11(4) of Protection of Children from Sexual Offences Act, 2012.
2.
It is the prosecution's case that in the month of August 1/4
2024, applicant had taken victim to waterfall and outraged her modesty and thereafter, he was stalking her and harassing her. 3.
It is the contention of learned counsel for applicant that at the time of incident, victim was more than 17 years old and there was love affair between the applicant and victim. applicant is behind bar for more than five months. Investigation is completed and charge-sheet has been filed. Hence, requested to allow the application.
4.
It is the contention of learned APP alongwith learned counsel for respondent no. 2 that applicant had outraged modesty of the victim who was minor. Applicant was aware about her age. Thereafter, he harassed the victim. if applicant is released on bail, he may abscond or threaten the prosecution witnesses and requested to reject the application. 5.
I have heard all the learned counsel, perused F.I.R. and documents produced on record. The allegations against the applicant are of outraging modesty of the victim. applicant is behind bar for more than 5 months. Investigation is completed and charge-sheet has been filed. It may take time to conclude 2/4
the trial.
6.
Considering these facts, further detention of applicant is not required and I pass following order :
O R D E R
I.
Application is allowed.
II.
Applicant be enlarged on bail in C.R. No. 66/2025 registered with Bhudargad Police Station, District: Kolhapur on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
III.
Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.
IV.
Applicant shall attend the Trial Court dates, regularly. V.
Applicant shall not enter in the village where the victim stays.
7.
The application is allowed in the aforesaid terms and is accordingly disposed off.
8.
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 3/4
uninfluenced by the observations made in this order. 9.
All concerned to act on the authenticated copy of this order.
[SHIVKUMAR DIGE, J.] 4/4