Yogesh Baburao Biradar v. The State Of Maharashtra And Another

2026:BHC-AUG:13911

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 335 OF 2026 Yogesh s/o Baburao Biradar, Age 26 years, Occ. Labour, R/o. Manjri, Udgir, Dist. Latur ...

Applicant

VERSUS

1) The State of Maharashtra, Through P.I. Plice Station Wadhwana Tq. Udgir, Dist. Latur.

2.

XYZ ...

Respondents.

...

Advocate for Applicant : Mr. Kale Gopal D.

A.P.P. for Respondent no. 1/State : Mr. C.V. Bhadane

CORAM

: SHAILESH P. BRAHME, J.

DATE : 01.04.2026 PER COURT :

Heard both sides.

2.

The applicant was initially arrested on 26.03.2018 in furtherance of Crime No. 117/2018, registered with Wadhwana Police Station, for the offences punishable under Section 354, 354A, 354D, 143, 147, 149, 323, 504, 506 of Indian Penal Code, under Section 3, 3(1)(w) (i)(ii), 3(2), 3(2) (v), 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 7(1)(D) of Protection of Civil Right Act. He was enlarged on bail on certain conditions. Those were not complied with. As he continuously remained absent on the 1/3

dates of hearing of Special Case No. 5/2019, a non bailable warrant is required to be issued against him to secure his presence. He submitted application on 06.01.2026 for cancellation of non bailable warrant assigning some reasons. On 19.01.2026 application is made for releasing him on bail. It is rejected on 03.02.2026.

3.

The financial condition of the applicant is stated to be precarious and he was required to go on wages in the State of Madhya Pradesh. The learned counsel for the applicant assures this Court that his client will cooperate the Court and punctually remain present without fail. 4.

Learned A.P.P. opposes the application for releasing him on bail. It is contended that for more than six months he was absent and judicial time is wasted.

5.

There is nothing on record to infer that the ground put forth is unreliable or not genuine. The applicant is ready to furnish undertaking to the court to ensure his cooperation and attendance before the Trial Court. 6.

Bail Application is allowed.

7.

Applicant Yogesh s/o Baburao Biradar shall be released on bail in connection with Crime No. 117/2018, registered with Wadhwana Police Station, for the offences punishable under Section 354, 354A, 354D, 143, 147, 149, 323, 504, 506 of Indian Penal Code, under Section 3, 3(1)(w) (i) (ii), 3(2), 3(2)(v), 3(2)(va) of The Scheduled Castes and Scheduled Tribes 2/3

(Prevention of Atrocities) Act, 1989, under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 7(1) (D) of Protection of Civil Right Act, on same condition with fresh bond. 8.

The applicant shall furnish undertaking to the Trial Court that he will cooperate for speedy disposal of trial and punctually attend the Court. 9.

Bail application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 3/3