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Bombay High CourtBA/4779/2025disposed off

Aakash Raju Raikar v. State Of Maharashtra And ANR

2026-02-12Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4779 OF 2025 Aakash Raju Raikar ... Applicant

Versus

The State of Maharashtra and Anr.

... Respondents ____________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.02.16 15:48:14 +0530 Mr.Vaibhav Chandanshive, for the Applicant.

Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.Rajabhau S. Chaudhari, for Respondent No.2. Mr.Yogesh Pathane, PSI, Lonikalbhor Police Station, Pune City. NILAM SANTOSH KAMBLE ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 12th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.1077 of 2016 registered with Loni Kalbhor Police Station, Pune, for the offence punishable under Section 376(F) of the Indian Penal Code, 1860 ('IPC' for short) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short).

2.

It is prosecution's case that the Applicant sexually assaulted the First Informant who was 15 years old and impregnated her. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than nine years and two months, yet trial has

not been concluded. At the time of the incident, victim was 15 years old. The minimum punishment for the offence applied against the Applicant is ten year's. There is no progress in trial, and requested to allow the Application. 4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant sexually assaulted the victim who is his cousin and impregnated her. If the Applicant released on bail, he may abscond or threaten victim and prosecution witnesses, and requested to reject the Application.

5.

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

6.

The Applicant is behind bars for more than nine years and two months, yet trial has not been concluded. The Applicant has no antecedents. The evidence of some witnesses have been completed. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Aakash Raju Raikar, be released on bail in Crime No.1077 of 2016 registered with Loni Kalbhor 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 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.)