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Bombay High CourtABA/3262/2025allowed

Prem Kishor Kamble v. State Of Maharashtra And ANR

2025-11-27Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3262 OF 2025 Prem Kishor Kamble ...Applicant V/s.

The State of Maharashtra and Anr.

...Respondents

Mr. Vishal Deshmukh a/w Adv. A. Bhosale, Advocate for the Applicant.

Ms. Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

27.11.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 577 of 2025 registered at Dindoshi Police Station, for the offences punishable under Sections 137(2) & 74 of the Bharatiya Nyaya Sanhita and Sections 8 & 12 of the Protection of Children from Sexual Offences Act.

3.

According to the prosecution, on 9th September 2025, the victim told her mother, who is the first informant in the present crime, that she was going to her friend's place for birthday party. As the victim did not return till 11.00 pm, report was lodged. The victim came back home in the morning at about 5.30 am. Her statement came to be recorded wherein she stated 1/3

that as her mother scolded her and therefore, the whole night she sat at the rickshaw stand. Lateron in supplementary statement she disclosed that she was with the present applicant, who is her friend. The allegations against the applicant are that while the victim was with him, he touched her in-appropriately. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

5.

Learned counsel for the applicant submits that the victim in her statement recorded under Section 164 of the Cr.P.C. has not supported the prosecution case. It is submitted that there is no need of custodial interrogation. It is further submitted that there are no other criminal antecedents.

6.

Learned APP for the respondent-State submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

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b) In the event of arrest of the applicant in connection with Crime No. 577 of 2025 registered at Dindoshi Police Station, for the offences punishable under Sections 137(2) & 74 of the Bharatiya Nyaya Sanhita and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

c) The applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

[N.R.BORKAR, J.] 3/3