← Library
Bombay High CourtBA/4693/2025disposed off

Shivam Chotelal Mishra v. State Of Maharashtra And ANR

2026-03-16Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO . 4693 OF 2025 Shivam Chotelal Mishra ...Applicant Vs.

State of Maharashtra & Anr.

...Respondents

_________________________________________________________________ Mr. Ashraf Ali Shaikh,Advocate for the Applicant. Mr. P.P. Jadhav, APP for Respondent-State.

_________________________________________________________________ VAISHALI ANIL TIKAM by VAISHALI ANIL TIKAM Date: 2026.03.17 16:26:59 +0530

CORAM

: SHIVKUMAR DIGE, J.

DATE : 16th MARCH, 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.359 of 2024 registered with Pimpri Police Station, Dist. Pune for the offences punishable under Sections 354 & 354(A) of the Indian Penal Code and section 8 & 12 of the Protection of Children from Sexual Offences Act, 2012.

3.

It is prosecution's case that on 12/04/2024, Applicant outraged modesty of minor daughter of the first informant. 4.

It is contention of learned counsel for the Applicant that Applicant has no antecedents. The maximum sentence imposed for the offences against the Applicant is five years and Applicant is behind bars

around one year and 10 months. No Test Identification Parade is conducted. There is no progress in the trial and requested to allow the application.

5.

It is contention of learned APP that Applicant outraged the modesty of 10 years old girl of the first informant and if he is released on bail he may abscond or threaten the prosecution witnesses and requested to reject the application.

6.

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

7.

Applicant is behind bar around one year and ten months He has no antecedents. The maximum sentence imposed for the offences applied against the Applicant is five years. There is no progress in the trial. It may take time to conclude the trial.

8.

Considering these facts, I pass following order.

ORDER

(i) The Applicant- Shivam Chotelal Mishra be released on bail in Crime No.359 of 2024 registered with Pimpri 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 enter in the jurisdiction of Pimpri Police

Station till conclusion of trial except attending the Court's dates. (iii) The Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

(iv) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(v) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (vi) Bail Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)