Pratima Yashawant Meshram And ANR. v. The State Of Maharashtra, Thr. Pso, Ps, Sadar, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 675 OF 2025 Navnath Pawan Bansode .... Applicant

Versus

The State of Maharashtra and Anr.

.... Respondents ----- Mr. Yuvraj Tajne, Advocate for the Applicant. Ms. S.N. Deshmukh, A.P.P., for the Respondent - State. Ms. Kanchan Pawar, Advocate for Respondent No.2 (Through VC). ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 25th AUGUST, 2025.

P.C. :

by SHANTANU SHANKARSA DHUDUM Date:

2025.08.26 13:35:50 +0530 SHANTANU SHANKARSA DHUDUM 1.

By this application, the Applicant is seeking Anticipatory Bail.

2.

The Applicant is apprehending arrest in Crime No.18 of 2025 registered with Jodbhavi Peth Police Station, District: Solapur, for the offences punishable under Sections, 74, 75, 78, 79, 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (for short, "BNS Act") and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO").

3.

It is prosecution's case that the Applicant had outraged the modesty of the first informant on 6th December, 2024 and 7th Shantanu S. Dhudum 1/4

December, 2024, but the first informant did not file complaint against him. It is alleged that the Applicant was stalking to the first informant. On 11th January, 2025 around 10:30 p.m., he outraged the modesty of the first informant, and abused the family members of the first informant.

4.

It is contention of learned counsel for the Applicant that the Applicant has been falsely implicated in this case. There is delay in lodging the complaint. The Applicant has no antecedents. The father of the first informant had filed affidavit before the Sessions Court stating that he has no objection to allow the bail application. Thereafter, second affidavit is filed stating that under pressure of father of the Applicant, the earlier affidavit was filed. The Applicant is ready to abide any condition imposed by this Court. Hence, requested to allow the application.

5.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant was constantly harassing the first informant. He was stalking her wherever she goes. On earlier occasions, the first informant did not lodge the complaint against the Applicant thinking that his behaviour will improve but it was not improved. Thereafter, on the day of incident, he outraged the Shantanu S. Dhudum 2/4

modesty of the first informant, when family members of the first informant confronted this act with the Applicant, he abused them. If Applicant is released on bail, he may threaten the victim and prosecution witnesses. Learned APP further submitted that Applicant's father was pressurring, the father of the first informant to file affidavit, hence, affidavit was filed by the father of the first informant stating that he has no objection to allow the bail application. Moreover, the first information was filed by the first informant so no question of filing affidavit of father of first informant arises. Hence, requested to reject the application.

6.

I have all learned counsel, perused F.I.R. and documents produced on record.

7.

The allegations against the Applicant are that he was stalking the first informant and outraged her modesty. The Applicant is 19 years old. The Applicant has no criminal antecedents. If condition is imposed on the Applicant not to enter in the area where the victim stays till filing of the charge sheet would suffice, and I pass following order.

ORDER

i. The Application is allowed.

Shantanu S. Dhudum 3/4

ii. In the event of arrest, the Applicant be released on bail in connection with Crime No. 18 of 2025 registered with Jodbhavi Police Station, District: Solapur, on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

iii. The Applicant shall mark his attendance the concerned police station as and when required.

iv. The Applicant shall not enter in the jurisdiction of Jodbhavi Police Station till filing of charge sheet. v. The Applicant shall not contact the victim and his family members.

vi. The trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

8. The application is allowed in the in the aforesaid terms and is accordingly disposed of.

9.

All the concerned to act on the authenticated copy of this order.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4