Pushkar Chandrashekhar Kamble v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3060 OF 2025 Pushkar Chandrashekhar Kamble ...Applicant
Versus
The State of Maharashtra And Anr.
...Respondents
_______ Mr. Asim Sarode a/w Ms. Shriya Awale a/w Mr. Yogesh Sawant and Ms. Siddhi Divvan for Applicant.
Mr. A. S. Chaudhari, APP for the Respondent No.1-State. Mr. Kunal V. Shirgire, appointed Advocate for Respondent No.2. _______
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
9th SEPTEMBER 2025 P.C.
1.
Learned Advocate Mr. Kunal Shirgire is appointed to represent Respondent No.2.
2.
By this application, applicant is seeking regular bail in Crime No.31 of 2025 registered with Satara City Police Station, District Satara for the offences punishable under Sections 64, 137(2), 49, 54, 75, 78, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Sections 4, 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012.
Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.09.10 19:27:51 +0530 SAJAKALI LIYAKAT JAMADAR
3.
It is prosecution's case that accused No.1 who was driver on school bus of victim sexually assaulted her in the house of applicant and he helped the accused No.1 committing the crime. 4.
It is contention of learned counsel for applicant that accused No.1 has been released on bail by this Court. Applicant is behind bar for more than eight months. Investigation is completed and chargesheet has been filed. There are no allegations against the applicant about sexual assault on the victim. Hence, requested to allow the application.
5.
It is contention of learned A.P.P. and learned counsel for Respondent No.2 that the victim was referring the applicant as Dada. She had trust on the applicant but he made available his house to the accused No.1. Hence, accused No.1 sexually assaulted the victim in the house of applicant which shows involvement of the applicant in the crime. Applicant was aware about the age of victim. The father of victim works in the army. Learned APP further submitted that charge is framed and trial has started. If applicant released on bail, applicant may threaten the prosecution witnesses. Hence, requested to reject the bail.
6.
I have heard all the learned counsels, perused the FIR and documents produced on record. Accused No.1 against whom the
allegations of sexual assault are levelled has been released on bail by this Court. The allegations against applicant are abetment to the accused No.1 and made available to house to the accused No.1, where he sexually assaulted the victim. Charge is framed against applicant. It may take time to conclude the trial. Considering these facts, his further detention is not required. 7.
In view of the above, I pass the following order :
ORDER
(i) Application is allowed;
(ii) The applicant be enlarged on bail in Crime No.31 of 2025 registered with Satara City Police Station, District Satara, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
8.
The application is allowed in the aforesaid terms and is accordingly disposed off.
9.
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.
10.
All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)