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Bombay High CourtBA/4569/2025disposed off

Ramesh Ambaji Patil v. The State Of Maharashtra And ANR.

2026-01-29Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4569 OF 2025 Ramesh Ambaji Patil .....Applicant

Versus

The State of Maharashtra and anr.

.....Respondents _________________________________________________________________ Mr. Raviraj Paramane i/b. Mr. D. R. Hanawate and Mr. Pranay Shivthare, Advocate for the Applicant.

Mr. Prashant P. Jadhav, APP for Respondent No.1-State. Mr. Mayur Sanapr, Advocate for Respondent No.2. PSI-Yogita Sangle, Wadkhal Police Station, District-Raigad, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 29th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 149 of 2024 registered with Wadkhal Police Station, District Raigad, for the offences punishable under Sections 64(2)(i)(m), 65(1), 74, 75(1)(1)(4), 79, 352(2), 249 and 253 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012.

2.

It is prosecution's case that during the period between February Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.01.31 10:53:09 +0530 2022 and October 2024, the applicant sexually assaulted the minor SHUBHADA SHANKAR KADAM daughter of the first informant by threatening her.

3.

It is contention of learned counsel for the applicant that the applicant is behind bars for more than one year and three months and there is no progress in the trial. The applicant has no antecedents. The applicant has been falsely implicated in this case due to financial dispute between the applicant and the father of the victim. There is delay in lodging the FIR. Learned counsel further submitted that on the dates on which the victim has alleged sexual assault, the school records indicate that the victim was present in school on those dates. Learned counsel further submitted that one of the incidents alleged by the prosecution is stated to have occurred when the victim had gone to attend the festival of Ekvira Devi, however, the record shows that she was present there along with her family members, making it improbable for such an incident to have occurred in their presence. The prosecution's case has no merit, and requested to allow the application.

4.

It is contention of learned APP along with learned counsel for respondent No.2 that the victim was 14 years old. The applicant was acquainted with the victim's family, and by taking advantage of it and by threatening the victim, the applicant repeatedly sexually assaulted the victim at various places. The school record shows that on one day, the victim was absent from school, and she has stated that on that day, the applicant sexually assaulted her. If the applicant is released on bail, he may

threaten the victim and prosecution witnesses and requested to reject the application.

6.

I have heard all learned counsel, perused the charge-sheet and documents produced on record. There is delay in lodging the complaint. The victim alleges that she was sexually assaulted when she attended the festival of Ekvira Devi, but it appears from the record that she was present there with her family. After the assault, she did not immediately inform her family members. Whether she was threatened or not is part of the evidence. The applicant is behind bars for more than one year and three months, there is no progress in the trial. The applicant has no antecedent. Considering these facts, I pass following order :

ORDER

(i) The applicant be enlarged on bail in Crime No. 149 of 2024 registered with Wadkhal Police Station, District Raigad, 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.

7.

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.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)