Kashiling Umaji Chavan v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 38 OF 2025 WITH INTERIM APPLICATION NO.960 OF 2025 Kashiling Umaji Chavan ...Applicant
Versus
The State of Maharashtra And Anr.
...Respondents
....
Mr. R. D. Phade, Advocate for the Applicant.
Mr. Tejas Mane, Advocate for the Respondent No.2. Mr. V. A. Kulkarni, A.P.P. for the Respondent No.1 - State. Mr. Aakash K. Shelke (PSI), Velapur Police Station, Solapur (Rural), present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
11th MARCH, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 196 of 2024 registered at Velapur Police Station, District : Solapur (Rural) for the offences punishable under Sections 137(2), 64(3)(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 12, 17 & 42 of the Protection of Children from Sexual Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.03.13 15:20:26 +0530 SAJAKALI LIYAKAT JAMADAR
Offences Act, 2012.
3.
The allegations against the present applicant are of making the victim to elope with him and committing forcible sexual intercourse with her.
4.
I have heard the learned counsel for the applicant, learned A.P.P. for the Respondent No.1-State and the learned counsel for the Respondent No.2/Victim.
5.
The learned counsel for the applicant submits that the applicant and the victim were in love relationship. It is submitted that they stayed together for one month. 6.
On the other hand, the learned A.P.P. for the Respondent No.1-State and learned counsel for the Respondent No.2/Victim submit that on the date of incident the victim was 17 years old. It is submitted that the victim was forcibly taken to Udupi in the State of Karnataka and was confined for one month. It is submitted that considering the nature of offence, the applicant may not be released on bail. 7.
I have perused the statement of the victim. Prima facie, the act of the victim staying with the applicant for one
month appears to be voluntary. In that view of the matter, I am inclined to release the applicant on bail on certain conditions.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 196 of 2024 registered at Velapur Police Station, District : Solapur (Rural) for the offences punishable under Sections 137(2), 64(3)(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 12, 17 & 42 of the Protection of Children from Sexual Offences Act, 2012 on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall not enter into the limits of Taluka Malshiras, except with the permission of trial Court, till conclusion of trial.
(iv) The applicant shall not contact the victim.
(v) Application stands disposed of accordingly.
(vi) In view of disposal of Bail Application, Interim Application does not survive and stands disposed of accordingly.
(N. R. BORKAR, J.)