Mahadev Ranganath Ghogare v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2891 OF 2025 Mahadev Ranganath Ghogare ....Applicant

Versus

The State of Maharashtra and anr.

....Respondents _________________________________________________________________ Mr. Priyal G. Sarda i/b. Mr. Kishan Chaudhari and Mr. Rajabhau Chaudhary, Advocate for the Applicant.

Mr. M. G.Patil, APP for Respondent No.1-State. Mr. Ashley D. Cusher, Appointed Advocate through Legal Aid for Respondent No.2.

API-Mr. Narendra Patil, Chaturshrungi Police Station , present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 20th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 512 of 2022 registered with Chaturshrungi Police Station, District Pune, for the offences punishable under Sections 363, 376, 376(n), 323 and 504 of the Indian Penal Code 1860 and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 2.

It is prosecution's case that on 22nd November 2022, when the minor daughter of the first informant was present in her house, the applicant and the absconding co-accused - Sujata went there and took the SHUBHADA SHANKAR KADAM victim from her house by stating that they will purchase grocery. When SHUBHADA SHANKAR KADAM Date: 2026.01.21 20:11:13 +0530 the victim went with them, it is alleged that the applicant handed over the

victim to his son i.e. accused No.1 and asked the victim to go with him. When the victim refused, at that time, the absconding accused-Sujata thrashed her. It is alleged that the applicant and the absconding accused compelled the victim to go with accused No.1. It is alleged that accused No.1 took the victim to his village and sexually assaulted her. 3.

It is contention of learned counsel for the applicant that the applicant is behind bars for more than 33 months. There is no progress in the trial. As per the charges levelled against the applicant, the maximum punishment is seven years. The applicant has no antecedents. It may take time to conclude the trial and requested to allow the application. 4.

It is contention of learned APP along with learned counsel for respondent No.2 that at the time of the incident, the victim was 13 year old. The applicant and absconding accused took her with them and handed her over to accused No.1. Learned APP further submitted that the applicant compelled the victim to go with accused No.1, it shows the involvement of the applicant in the crime. If the applicant is released on bail, he may threaten the prosecution witnesses and requested to reject the application.

5.

I have heard all learned counsel, perused the charge-sheet and documents produced on record. The allegations of sexual assault are against accused No.1. The applicant is behind bar for more than 33

months. There is no progress in the trial. It may take time to conclude the trial. Considering these facts, I pass following order :

ORDER

(i) The applicant be enlarged on bail in Crime No. 512 of 2022 registered with Chaturshrungi Police Station, District Pune, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

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

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

6.

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.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)