Prem Rajbhar Rajparikh v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4217 OF 2025 PREM RAJBHAR RAJPARIKH ...Applicant

VERSUS

STATE OF MAHARASHTRA AND ANR

...Respondents

_________________________________________________________________ Ms. Harshada Parbhane a/w. Abid Mulani, Advocate for Applicant. Mr. B.B. Kulkarni, APP for Respondent-State.

PSI Jagdale, Wakad Police Station present.

_________________________________________________________________ VAISHALI ANIL TIKAM by VAISHALI ANIL TIKAM Date:

2026.03.05 16:19:37 +0530

CORAM

: SHIVKUMAR DIGE, J.

DATE : 27th FEBRUARY, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this Application, the Applicant is seeking regular bail in Crime No.886 of 2023 registered with Wakad Police Station, Dist. Pune for the offences punishable under Sections 376, 376(2)(n), and 376(3) of the Indian Penal Code, 1860 and under Sections 3,4,5(1) (5j) (2), and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 3.

It is prosecution's case that Applicant and co-accused sexually assaulted minor sister of the first informant on several occasions and impregnated her.

4.

It is contention of learned counsel for the Applicant that co-

accused Pradeep Chauhan, against whom similar allegations are leveled like the Applicant, has been released on bail by the Hon'ble Apex Court. Hence Applicant is entitled for bail on the principle of parity and requested to allow the Application.

5.

It is contention of learned APP that parity will not be applicable as Applicant was aware about the age of the victim and he sexually assaulted her and requested to reject the Application. 6.

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

7.

It appears from record that the allegations made against Pradeep Chauhan and Applicant are similar. The co-accused Pradeep Chauhan has been released on bail. Hence, Applicant is entitled for bail on the principle of party.

8.

Considering these facts, I pass following order.

ORDER

(i) The Applicant- Prem Rajbhar Rajparikh be released on bail in Crime No.886 of 2023 registered with Wakad Police Station, Dist. 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.)