Xyz v. The State Of Maharashtra And Another

2026:BHC-AUG:8512 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.109 OF 2026 Ramu @ Nandu Kartarsing Chitodiya ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. Shrikrishna S. Shinde, Advocate for applicant Mr. D.B. Bhange, A.P.P. for respondent No.1 - State Mr. Satej S. Jadhav, Advocate for respondent No.2 (appointed) .......

WITH CRIMINAL APPLICATION NO.739 OF 2026 IN BAIL APPLICATION NO.109 OF 2026 X. Y. Z.

... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. Satej S. Jadhav, Advocate for applicant Mr. D.B. Bhange, A.P.P. for respondent No.1 - State Mr.Shrikrishna S. Shinde, Advocate for respondent No.2 .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 24th FEBRUARY, 2026 PER COURT :

1.

Criminal Application No.739/2026 is allowed. The victim is permitted to assist learned A.P.P.

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2.

The applicant seeks release on regular bail in connection with Crime No.1041/2023, registered with MIDC Waluj Police Station, District Chhatrapati Sambhajinagar for the offences punishable under Sections 363, 366-A, 376(2)(N) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

3.

The respondent No.2 has filed a affidavit stating that, the respondent No.2 and applicant were residing together as husband and wife though they were not legally married, were in relationship out of which a male child was born. The respondent No.2 is having the custody of the child and she is residing with her parents for the time being. Now she has attained the majority. The respondent No.2 has stated that, she has no objection to grant of bail to the applicant. The affidavit is taken on record. 4.

In view of the aforestated facts and peculiar circumstances, I am inclined to grant bail to the applicant.

O R D E R

(i) Bail Application is allowed.

(ii) The applicant Ramu @ Nandu Kartarsing Chitodiya be

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released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount in the above crime, on the conditions that : (a) The applicant shall not tamper with the prosecution witnesses in any way.

(b) The applicant shall remain present on each date, unless exempted by the trial Court.

(c) In case of breach of any of the conditions, the prosecution or the respondent No.2 can approach the concerned Court seeking cancellation of bail of the applicant notwithstanding the fact that this Court has granted the bail to the applicant.

(iii) Needless to state that, the observations rendered herein are confined to the present application, and the trial Court shall decide the trial on its own merits and in accordance with law.

(iv) The High Court Legal Services Sub-Committee, Aurangabad to pay the fees of the appointed learned counsel on behalf of respondent No.2, as per rules. (SACHIN S. DESHMUKH, J.) fmp/-