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Bombay High CourtBA/2019/2025disposed off

Ramesh Laxman Koli v. The State Of Maharashtra

2025-08-20Hon'Ble Shri Justice Shivkumar Dige3 pages

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2019 OF 2025 Ramesh Laxman Koli .....Applicant Vs.

The State of Maharashtra .....Respondent Ms. Manisha Devkar for the applicant Dr. A. A. Takalkar APP for the State CORAM :

SHIVKUMAR DIGE, J.

DATE :

20th AUGUST 2025 P.C.:

1.

By this application, applicant is seeking regular bail in C.R. No. 25 of 2024 registered with Mangalwedha Police IRESH MASHAL Station, District Solapur for offences punishable under Sections Digitally signed by IRESH MASHAL Date:

2025.08.22 10:57:54 +0530 376, 376(2)(n), 354(D) and 506 of the Indian Penal Code. 2.

It is the prosecution that applicant sexually assaulted the victim twice by threatening her that if she does not keep physical relation with the applicant, he will kill her husband and son.

3.

It is the contention of learned counsel for applicant that there is delay of more than one month in lodging the complaint. 1/3

At the time of incident, victim was 51 years old and applicant was 35 years old. Applicant is behind bar around 20 months. There is no progress in the trial, charge is not framed. Hence, requested to allow the application.

4.

It is the contention of learned APP that applicant sexually assaulted the victim by threatening her. It is submitted that due to fear of the applicant, complaint was lodged belatedly. It is submitted that if applicant is released on bail, he may abscond or threaten the prosecution witnesses and requested to reject the application.

5.

I have heard both the learned counsel, perused F.I.R. and documents produced on record. There is delay of more than one month in lodging the F.I.R. Applicant is behind the bar around 20 months, yet charge has not been framed. It may take time to conclude 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. 25 of 2024 2/3

registered with Mangalwedha Police Station, District Solapur 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 not enter in village Marwade, Taluka Mangalvedha, District Solapur till recording of the evidence of the victim and relevant witnesses.

V.

Applicant shall attend the Trial Court dates, regularly. 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 uninfluenced by the observations made in this order. 9.

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

[SHIVKUMAR DIGE, J.] 3/3