Yogesh Prakash Thorat v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4595 OF 2025 Yogesh Prakash Thorat ....Applicant

VERSUS

State Of Maharashtra And Anr ....Respondents ____________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.04.24 10:07:14 +0530 Mr.Bhushan Raut a/w Mr.Vaibhav Lavande, for the Applicant. Mr.S.R. Agarkar, APP for Respondent-State.

Mr.Akshay Dingale, for Respondent No.2.

Mr.Santosh Zade, PSI, Kondhwa Police Station. NILAM SANTOSH KAMBLE ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 22nd APRIL 2026 P.C. :

.

The learned counsel for the Applicant seeks leave to amend Crime number in prayer clauses. Leave granted. Amendment to be carried out forthwith.

2.

By this Application, the Applicant is seeking regular bail in Crime No.748 of 2023 registered with Kondhwa Police Station, Pune, for the offences punishable under Sections 307, 366, 376(2)(n) of the Indian Penal Code, 1860 ('IPC' for short), Sections 3(1)(r), 3(1)(s), 3(1)(w) and 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 ('SCST Act' for short) and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short).

3.

It is prosecution's case that the Applicant sexually assaulted the First Informant on the promise of marriage and thereafter, he tried to kill her.

4.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than two years and eihgt months. The Applicant has no antecedents. There is no progress in trial. The First Informant has married with another person and has now settled in life. 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 Respondent No.2 that the Applicant sexually assaulted the First Informant, when she was minor. Thereafter the Applicant tried to kill her. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application. 6.

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

7.

It appears that the Applicant and First Informant were in relationship and they were staying together for couple of years. During that period no complaint was filed against the Applicant. The Applicant is behind bars for more than two years and eight months. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude

the trial, and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.748 of 2023 registered with Kondhwa 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 contact the First Informant. (iii) The Applicant 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 Applicant shall attend the concerned Police Station as and when required.

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