Girish Raju Bansode v. The State Of Maharashtra And ANR

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2025.08.02 16:29:48 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2135 of 2025 Girish Raju Bansode ... Applicant versus The State of Maharashtra and Anr ... Respondents ---- Mr Vivek V Salunke, for the applicant.

Mr Anand Shalgaonkar, APP, for the respondent/ State. API Digambar Atigre, Pimpri Police Station, is present. ---- Coram: R.N. Laddha, J.

Date: 31 July 2025.

P.C.:

.

The learned Counsel for the applicant submits that, at the relevant time, the alleged victim was 17 years and 6 months of age, while the applicant himself was 20 years old. He submits that during the pendency of the anticipatory bail before the learned Sessions Judge, the victim expressed no objection to the grant of pre-arrest bail in favour of the applicant. Consequently, the applicant was extended interim protection under orders of the Sessions Court during the pendency of the anticipatory bail application. In compliance with the conditions of such protection, the applicant duly appeared before the investigating officer at the concerned police station and rendered full

cooperation with the investigation.

2.

The learned Counsel further submits that the allegations levelled in the present case do not include any accusation of sexual assault against the applicant. It is also brought to the attention of this court that a day prior to the registration of the present FIR, the applicant's mother, who has also been named as a co-accused, had lodged a formal complaint against the victim and her family members. The timing of the FIR, therefore, raises a reasonable apprehension regarding the bona fides of the present prosecution.

3.

The learned Counsel further submits that the offence alleged under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is punishable with a maximum sentence of three years. Moreover, the remaining offences attributed to the applicant fall under provisions of the Bhartiya Nyaya Sanhita, 2023 (BNS), which are bailable in nature. It is also submitted that the applicant's mother, who was taken into custody in connection with the present crime, has already been granted bail by the competent Court. 4.

Issue notice to respondent No.2. The Investigating Officer to serve the notice.

5.

By consent, stand over to 2 September 2025. There shall not be any coercive action against the applicant in the present crime until the next date. In the meantime, the applicant shall attend the concerned police station on 4th, 5th and 6th August 2025 between 11.00 a.m. and 2.00 p.m., surrender his mobile phone, shall not contact the victim or her family members in any manner, and cooperate with the investigation. (R.N. Laddha, J.)