Ajinath Nagnath Waghmode v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3678 OF 2025 Ronak Bharat Jain ... Applicant

Versus

The State of Maharashtra ... Respondent/s ________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.02.03 15:37:21 +0530 NILAM SANTOSH KAMBLE Mr.Aabad Ponda, Senior Counsel i/b Mr.Anvay Pawar a/w Mr.Vipul Dushing, for the Applicant.

Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.Pranay Shivthare, for Respondent No.2.

Mr.G.P. Jadhav, API, Samarth Police Station.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 30th JANUARY, 2026 P.C. :

.

By this Application, the Applicant is 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).

2.

It is prosecution's case that the Applicant and co-accused sexually assaulted the First Informant on several occasions by taking undue

advantage of her situation. The First Informant is citizen of Bhutan and had come to Pune in search of job.

3.

It is contention of learned senior counsel for the Applicant that the Applicant is behind bars for more than eight months. There are no allegations of sexually assault against the Applicant. The allegations against the Applicant are that he was arranging the party for the co-accused and in the said party co-accused sexually assaulted the First Informant. The Applicant has no antecedents. The co-accused against whom the allegations of the sexual assault are made, some of them have been released on anticipatory bail and some of the co-accused have been released on regular bail and requested to allow the Application.

4.

It is contention of learned APP along with learned counsel for the Respondent No.2 that the Applicant was arranging the party on the say of the co-accused Shantanu. On some occasions, First Informant was sexually assaulted by the co-accused. The Applicant was aware about it. The Applicant was in conspiracy with the co-accused. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application. 5.

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

6.

In the charge-sheet, allegations against the Applicant are that he was arranging parties for the co-accused. There are no allegations against the Applicant of sexual assault on the First Informant. The Applicant is behind bars for more than eight months. There is no progress in trial. The Applicant has no antecedents. The co-accused having allegations on higher footing have been released on bail.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Ronak Bharat Jain 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 shall not tamper with the evidence and/or influence the prosecution witnesses.

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

(iv) The Applicant shall attend the concerned Police Station as and when required.

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