Vinayak Ganesh Chavan v. The State Of Maharashtra And ANR

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2858 OF 2025 IN BAIL APPLICATION NO. 4658 OF 2024 Vinayak Ganesh Chavan ...Applicant

Versus

The State Of Maharashtra And Anr.

...Respondents

Ms. Anjali Patil, for the Applicant.

Mr Yogesh Y Dabke, APP for the State-Respondent. Mr Nivas Shinde, (IO), PSI attached to Nerul Police Station, present.

CORAM

Dr. Neela Gokhale, J.

DATED:

13th NOVEMBER 2025 PC:- 1.

By way of the present Interim Application, the Applicant seeks modification of Condition No.11(vii) of the bail order dated 18th February 2025 passed by this Court to the extent that he may be permitted to enter Nerul as he has got a job in the said area. The said condition reads as thus:- "(vii) Applicant shall not make any attempts to reassociate with the prosecutrix in any manner either through a device or in-person and shall not reside in the jurisdiction of the Police Station wherein the prosecutrix is residing until the Trial is concluded.

Investigating Officer shall specifically ensure that this condition is followed."

2.

Ms. Anjali Patil, learned counsel appearing for the Applicant, submits that initially, the prosecutrix was residing at Nerul and hence, the above condition was imposed. She also submits that as on date, deposition of the prosecutrix has already been recorded by the Trial Court, in the course of the trial and as such, there is no threat of any intimidation to the prosecutrix.

3.

Mr. Yogesh Dabke, learned APP representing the State in the matter, also informs the Court that deposition of 2 witnesses is already over and as such, there is no threat of tampering with the prosecutrix's evidence by the Applicant. 4.

I have heard learned counsel appearing for the respective parties and perused the Condition No.11(vii) of the said order, restraining the Applicant to enter jurisdiction of police station where the prosecutrix is residing until trial is concluded, sought to be modified by the Applicant.

5.

Admittedly, the prosecutrix is not residing in Nerul as stated on instructions by Ms. Anjali Patil, the learned counsel appearing for the Applicant. In any event, since the deposition of the Prosecutrix and another witness is already over, I see no reason to continue the said restriction imposed on the Applicant by Condition No.11(vii) of the said bail order. The Condition 11(vii) is modified to that extent only. 6.

In these circumstances, the Applicant is permitted to enter Nerul area for the purpose of his employment with Meenatai Thakare Hospital at Nerul.

7.

Rest of the order to remain as it is.

8.

Interim Application is allowed and disposed of accordingly.

(Dr. Neela Gokhale, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.11.14 12:50:01 +0530 SHAMBHAVI NILESH SHIVGAN