Sachin Vasant Saste v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3970 OF 2025 Sachin Vasant Saste .....Applicant

VERSUS

The State Of Maharashtra and anr.

.....Respondents _________________________________________________________________ Mr. Milind Deshmukh along with Mr. Onkar A. Wable, Advocate for Applicant.

Mr. B. B. Kulkarni, APP for Respondent No.1-State. Mr. Vaibhav Bairagi, Advocate for Respondent No.2. PSI-Anil Kerurkar, Lonavala City Police Station, Pune, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 27th MARCH, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 353 of 2024 registered with Lonavala Gramin Police Station, District Pune, for the offences punishable under Sections 64(2)(a), 65(2) and 74 of the the Bharatiya Nyaya Sanhita, 2023, Sections 4, 6, 8 and 10 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

It is prosecution's case that the applicant is a police constable. On 25th December 2024, while on duty, he consumed liquor, and under the influence of alcohol, he outraged the modesty of the minor daughter of Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.04.01 10:57:55 +0530 SHUBHADA SHANKAR KADAM the first informant and inserted his finger into her private part.

3.

It is contention of the learned counsel for the applicant that the applicant has been dismissed from service. The victim refused to undergo medical examination, hence, at this stage, it cannot be said that there was penetration. The applicant is behind bars for more than one year. He has no antecedents. Hence, requested to allow the application. 4.

It is contention of learned APP along with the learned counsel for respondent No. 2, that the applicant, being a police officer, committed the act while on duty and under the influence of alcohol. The victim was five years and three months old. If the applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard all learned counsel, perused charge-sheet and documents on record. The applicant is behind bars for more than one year. The victim refused to undergo medical examination. To prove the case against the applicant, evidence is required, it may take time to conclude the trial. Hence, I pass the following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 353 of 2024 registered with Lonavala Gramin 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.)