Shekhar Babu Dhotramani v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4906 OF 2025 Shekhar Babu Dhotramani ... Applicant

Versus

The State of Maharashtra & Anr.

... Respondents _________________________________________________________________ Mr. Sujay H. Gangal a/w. Mr. Swaraj M. Savant a/w. Mr. Harshal N. Mule, Advocates for the Applicant.

Mr. P. P. Jadhav, APP for the Respondent-State. Mr. Ajay Patil, Advocate for Respondent No.2. PSI - P.B.Kamthe, Bibwewadi Police Station, Pune City, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 17th MARCH, 2026.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R.No. 279 of 2024 registered with Bibwewadi Police Station, Pune, for the offences punishable under Sections 137(2), 64, 65, 78, 351(2) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS Act") and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

2.

It is prosecution's case that accused No.1- Vijay Anantre kidnapped the minor daughter of the first informant for the purpose of marriage. When police arrested accused No.1 Vijay Anantre and enquired with the victim, she had stated to the police that during period November-

2023 to September-2024, applicant used to sexually assault her by threatening her.

3.

It is contention of learned counsel for the applicant that there is delay in lodging the FIR. Applicant is behind the bars for more than one year and three months. The applicant is around 30 years old. The victim never complained about sexual assault to anyone and disclosed the same only when her statement was recorded by the police. It may take time to conclude the trial. Hence, requested to allow the application. 4.

It is contention of learned APP along with learned counsel for respondent No.2 that the applicant was aware about the age of the victim. He sexually assaulted her on several occasions by threatening her. If the applicant is released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application. 5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. It appears from the record that victim never complained about the sexual assault committed by the applicant to anyone, until her statement recorded only after the arrest of accused No.1Vijay Anantre. There is delay in lodging the complaint against the applicant. To prove the case against the applicant, evidence is required. The applicant has no antecedents. Applicant is behind bar more than one year and three months. There is no progress in the trial. Considering these

facts, I pass following order.

ORDER

i.

The applicant be enlarged on bail in C.R.No. 279 of 2024 registered with Bibwewadi Police Station, Pune, on executing P.R.Bond of Rs. 30,000/- on furnishing 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. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, 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.) by SONALI SATISH KILAJE Date:

2026.03.24 11:56:04 +0700 SONALI SATISH KILAJE