Avinash Dnyanoba Bakalikar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1984 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 2253 OF 2025 Mr. Avinash Dnyanoba Bakalikar ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Niranjan Bhavake a/w Ms. Drishti Madhani and Ms. Swamini Thakur i/b Mr. Sushant Jagadish Tayadde, learned Advocates for the Applicant.

Mr. Amit A. Palkar, learned A.P.P. for the State/Respondent. PSI Mr. Sagar Poman attached to Cyber Police Station, PimpriChinchwad is present in the Court. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

27th JUNE 2025.

P.C. :

1.

Heard Mr. Niranjan Bhavake, learned Advocate for the Applicant and Mr. Amit Palkar, learned A.P.P. for the State/Respondent.

2.

Mr. Niranjan Bhavake, learned Advocate for the Applicant craves leave to amend the present Application to specify the details of examination, place of the examination and the period of examination. In view of the urgency, he prays that he be permitted to carry out amendment forthwith.

3.

Mr. Amit Palkar, learned A.P.P. for the State/Respondent does

not object for the amendment.

4.

Leave granted. Amendment to be carried out forthwith. 5.

Applicant herein is Accused No. 1 in Crime No. 1 of 2024 registered with Pimpri Chinchwad Cyber Police Station, Pune for the offence punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, ("BNS" for short) and under Sections 66(c) and 66(d) of the Information Technology Act, 2000 ("IT Act" for short).

6.

Applicant was arrested on 25th October 2024 and since then he is in jail. Criminal Bail Application No. 2212 of 2025 filed by the Applicant was dismissed by the Additional Sessions Judge, Pune vide order dated 8th May 2025. Applicant is therefore before this Court by way of Criminal Bail Application No. 2253 of 2025. 7.

Mr. Niranjan Bhavake, learned Advocate for the Applicant has circulated the present Interim Application on the ground that the Applicant is a student pursuing his Bachelor of Homeopathic Medicine and Surgery ("BHMS") Degree. On the said ground of urgency, Interim Application filed by the Applicant is taken up today.

8.

Mr. Niranjan Bhavake, learned Advocate states that the Applicant intents to appear for the BHMS Degree Examination, which is scheduled to commence from 28th June 2025 to 14th July 2025. He states that he has instructions from the Applicant to state that though the last date for filling-up the examination form was 29th May 2025, however, considering the peculiar situation, the

Applicant is placed, the Authorities have informed him that his examination form can be accepted latest by today, i.e., 27th June 2025. Applicant is therefore seeking for interim bail for a limited period, i.e., from 28th June 2025 upto 14th July 2025. 9.

Mr. Niranjan Bhavake, learned Advocate further states that the said examination will be conducted at Sayali Medical College, Padegaon, Sambhaji Nagar during the said period. He states that the Applicant will travel to Sambhaji Nagar for the sole purpose of attending the examination. He states that the Applicant will be in Sambhaji Nagar from 28th June 2025 upto 14th July 2025. He states that the Applicant will surrender to the Jail Authorities on 15th July 2025 on or before 4.00 p.m. He on instructions from the Applicant states that no extension would be sought. 10.

Mr. Amit Palkar, learned A.P.P. for the State/Respondent on instructions from the Investigating Officer states that the prosecution does not object to grant interim bail to the Applicant for the said limited period considering the Applicant intents to pursue his education. However, he submits that the stringent conditions be imposed on the Applicant so that the Applicant does not misuse his liberty and surrenders before the Jail Authorities on 15th July 2025.

11.

Mr.

Niranjan Bhavake, learned Advocate again on instructions from the Applicant submits that the Applicant is ready to abide by the conditions, which may be imposed. 12.

In view of the above and accepting the statements made by Mr. Niranjan Bhavake, learned Advocate for the Applicant, the

Applicant is granted interim bail on the following conditions :- a.

Applicant shall be released on interim bail in connection with Crime No. 1 of 2024 registered with Pimpri Chinchwad Cyber Police Station, Pune for the offence punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, ("BNS" for short) and under Sections 66(c) and 66(d) of the Information Technology Act, 2000 ("IT Act" for short) on executing P.R. Bond in the sum of Rs. 25,000/- (Rupees TwentyFive Thousand Only) with provisional cash security of the same amount. The interim bail is for the period commencing from 27th June 2025 upto 15th July 2025. b.

Applicant shall report to the Officer In-charge, Chhavani Police Station, Sambhaji Nagar during the said period (from 27th June 2025 to 15th July 2025) between 4.00 p.m. to 5.00 p.m. on every alternate day on which the examination is not scheduled.

c.

Applicant shall surrender before the Jail Authorities on 15th July 2025 on or before 4.00 p.m.

d.

The period of interim bail shall not be extended. e.

Applicant shall not commit any offence like the offence, which is a subject matter of the present crime. f.

Applicant shall not directly or indirectly make any inducement, threat or promise to any person

acquainted with the facts of the case, as also not tamper with the evidence.

13.

In view of the above, Interim Application stands disposed of. 14.

It is clarified that the indulgence shown to the Applicant is not on merits and on the sole ground of the Applicant desires to pursue his examination.

15.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.06.27 18:32:03 +0530 GITALAXMI KRISHNA KOTAWADEKAR