Sagar Dashrath Rasge v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3803 OF 2025 Pratik Pandurang Shinde ... Applicant

Versus

The State of Maharashtra ... Respondent WITH CRIMINAL BAIL APPLICATION NO. 3521 OF 2025 by NILAM SANTOSH KAMBLE Date:

2026.02.03 15:37:24 +0530 NILAM SANTOSH KAMBLE Sagar Dashrath Rasge ... Applicant

Versus

The State of Maharashtra ... Respondent ________________________________________________________ Mr.Nirangan Mundargi a/w Ms.Keral Mehta, Mr.Niranjan Pachpute, Ms.Samruddhi Bendbhar i/b Parinam Law Associates, for the Applicant in BA No.3803 of 2025.

Mr.Satish L. Maneshinde, Senior Advocate a/w Ms.Anandini Fernanades, for the Applicant in BA No.3521 of 2025. Mr.B.B. Kulkarni, APP for Respondent-State in both matters. Mr.Om Latpate, for Respondent No.2 in BA No.3803 of 2025. Ms.Savvy Kolhekar, for Respondent No.2 in BA No.3521 of 2025 ________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 30th JANUARY, 2026

P.C. :

.

These two Applications are arising out of the same crime, hence I am deciding these Applications by this common order. 2.

By these Applications, the Applicants are seeking regular bail in Crime No.68 of 2025 registered with Samarth Police Station, Pune, for the offences punishable under Sections 64(1), 64(2)(j)(m), 70(1), 123, 74, 75(2), 115(2), 61(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short).

3.

It is prosecution's case that the Applicants and co-accused sexually assaulted the First Informant on several occasions along with co-accused by taking undue advantage of her situation. The First Informant is a citizen of Bhutan and had come to Pune in search of job. 4.

It is contention of learned Senior counsels for the Applicants that the allegations against the Applicants are that they sexually assaulted the First Informant on one occasion. The physical relation between the Applicants and First Informant were consensual. There is five years delay in lodging the complaint. Some of the co-accused, having similar allegations, have been released on anticipatory bail and

some of the co-accused have been released on regular bail. The Applicants are behind bars for more than nine months. The investigation is completed and charge-sheet has been filed. There is no progress in trial. It may take time to conclude the trial, and requested to allow the Application.

5.

It is contention of learned APP along with learned counsel for the Respondent No.2 that the First Informant is citizen of Bhutan. She had come to Pune in search of job and business. By taking undue advantage of her situation, the Applicants and co-accused sexually assaulted her. Due to fear, she could not file complaint immediately. The Applicants are influential persons. If they are released on bail, they may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Applications.

6.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

7.

There is delay of five years in lodging the complaint. The coaccused having similar allegations have been released on anticipatory bail and some co-accused have been released on regular bail. Considering these facts the Applicants are entitled for bail on principle

of parity and I pass following order.

ORDER

(i) The Applicant-Pratik Pandurang Shinde, be released on bail in Crime No.68 of 2025 registered with Samarth Police Station, Pune,, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant-Sagar Dashrath Rasge, be released on bail in Crime No.68 of 2025 registered with Samarth Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount. (iii) The Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(v) The Applicants shall attend the concerned Police Station as and when required.

(vi) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)