Sankalp S/O Virendra Medha v. State Of Maharashtra Thr Sadar Ps And ANR

2026:BHC-NAG:3557

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPP] NO. 434 OF 2026 IN CRIMINAL APPLICATION [BA] NO. 964 OF 2024.

Sankalp Virendra Medha.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri M.Z. Haq, Advocate for the Applicant.

Ms T. Udeshi, A.P.P for Non-applicant No.1./State. CORAM : M.M. NERLIKAR, J.

DATE : MARCH 05, 2026.

Heard.

2.

This Court by order dated 22.12.2024 granted bail to the applicant on the following conditions :- "(1) The criminal application is allowed.

(2) Applicant - Sankalp s/o Virendra Medha, shall be released on bail in connection with Crime No.596/2024 registered with the non-applicant/police station for offences punishable under Sections 296, 74, 115(2), 351(2), and 75(2) of the BNS Act read with Section 12 of the POCSO

Act on his executing a P.R.Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(3) The applicant shall not enter into premises of the said School, till culmination of the trial.

(4) The applicant shall not induce or threat or promise to any of witnesses connected with the crime in question and shall not tamper the prosecution evidence physically or through electronic media.

(5) The applicant shall attend proceedings before the court below without seeking any exemption unless there are exceptional circumstances."

3.

The present application is moved for relaxation of above conditions, more specifically condition no.3. The learned Counsel appearing for the applicant submits that a disciplinary proceedings is sought to be initiated againt him and the proceedings are likely to be conducted in the school premises itself, however, because of condition no.3 incorporated in the above bail order, the applicant would not be a position to attend those proceedings. He therefore, prays for relaxation of condition no.3 of the operative part

of the order dated 22.11.2024.

4.

On the other hand, the learned A.P.P.

opposes the application by submitting that while granting bail this Court after due deliberation has imposed the conditions on the applicant. She concedes that as per the Maharashtra Employees of Private Schools (Conditions of Service) Rules, the disciplinary proceedings are required to be conducted at the headquarter itself.

5.

I have considered the rival submissions of the parties. It appears that this Court has granted bail to the applicant by order dated 22.11.2024 by imposing the aforementioned conditions. It further appears that though the departmental proceedings has not yet commenced, it may be due to above condition no.3, since the applicant would not be able to attend those proceedings. In this view of the matter, the condition no.3 incorporated in the order dated 22.11.2024 is relaxed, and the applicant is permitted to participate in the disciplinary proceedings on the dates which are given by the

Enquiry Officer.

Criminal Application is accordingly allowed and disposed of.

JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 05/03/2026 14:36:56