Rahul @ Lalan Shivaji Shinde v. State Of Maharashtra And ANR

by CHITRA SANJAY SONAWANE Date:

2025.06.10 19:01:12 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Anticipatory Bail Application No. 231 of 2025 Rahul @ Lalan Shivaji Shinde Age 29 years, Occ. Labour, R/at. Old Railway Station, 2517, Bhimrai Raut Chawl, Barshi, Tal. - Barshi, Dist.-Solapur.

... Applicant versus

1. The State of Maharashtra Through Barshi City Police Station, Dist.- Solapur vide C.R. No.866/2024.

2. XYZ Age 17 years, (Notice on R2 may be served through Senior Police Inspector of Barshi City Police Station) ... Respondents ---- Mr Priyal G Sarda a/w Ms Seema S Dighe, Mr Shubham S Sane and Mr Rajesh Ranglani, for the Applicant.

Mr Pankaj Deokar, APP, for Respondent / State. Mr Shailesh Kharat, for Respondent No.2.

---- Coram: R.N. Laddha, J.

Date: 10 June 2025 P.C.:

The applicant apprehends arrest in CR No.866 of 2024

registered at Barshi City Police Station, Solapur, for the offences punishable under Sections 137(2), 64, 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023, and Sections 4, 8, 12, 42 of the Protection of Children from Sexual Offences Act, 2012. 2.

According to the FIR lodged by the victim's mother at Barshi City Police Station, on 13.10.2024, her 17 years 10 months 12 days old daughter, a 12th standard student, was found missing from their home around 1:30 a.m. Investigation revealed that co-accused Akshay took the victim from her parents custody under a false promise of marriage. It is alleged that the applicant, who was known to the victim, met her outside the house and accompanied her to the main road, where Akshay and his associate Kedar were waiting. The victim then left with Akshay, who later allegedly sexually assaulted her.

3.

Mr Priyal Sarda, the learned Counsel appearing on behalf of the applicant submits that the applicant has been falsely implicated in the crime. There are no allegations of sexual assault against him. The investigation is on the verge of completion, and there is nothing to be discovered or recovered from the applicant. Furthermore, the applicant has no criminal antecedents.

4.

Mr Pankaj Deokar, the learned Additional Public Prosecution representing the respondent/State and Mr Shailesh Kharat, the learned Counsel appearing on behalf of respondent No.2, highlight the severity of the offence by underscoring the victim's age.

5.

Upon perusing the records, it is evident that no allegations of sexual assault have been made against the applicant. The applicant's only involvement, as stated, was encountering the victim while she was proceeding with the co-accused. Moreover, nothing needs to be recovered or discovered from the applicant. In the circumstances, the application is allowed in the following terms.

:Order:

In the event of applicant's arrest in CR No.CR No.866 of 2024 registered at Barshi City Police Station, Solapur, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

2.

The applicant shall not, himself or through any other person, indulge in any activity that would tamper with the evidence

or influence the witnesses and shall refrain from contacting the victim in any manner.

[R.N. Laddha, J.]