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Bombay High CourtBA/415/2026disposed off

Suryaprakash S/O Bhaskar Korde v. The State Of Maharashtra And ANR

2026-03-13Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 415 OF 2026 Suryaprakash S/o Bhaskar Korde ... Applicant

Versus

The State Of Maharashtra And Anr ... Respondents ____________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.03.17 11:59:52 +0530 NILAM SANTOSH KAMBLE Mr.Girish Awale (Through VC) a/w Mr.Suraj Gupta i/b Padmakar Garad, for the Applicant.

Ms.Gauri Rao, APP for Respondent-State.

Ms.Priya A. Patil, for Respondent No.2 (Through Legal Aid). Mr.D.G. Tabdwar, API, PS. Chandan Nagar, Pune. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 13th MARCH 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.135 of 2025 registered with Chandan Nagar Police Station, Pune, for the offences punishable under Sections 64(1), 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Sections 4,6 and 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short). 2.

It is prosecution's case that during period 9th March 2025 to 22nd March 2025, the Applicant kidnapped minor daughter of the First Informant and sexually assaulted.

3.

It is contention of learned counsel for the Applicant that at the time of the incident, the Applicant was 20 years old. The victim was 15 years and 7 months old. There was love affair between the Applicant and victim. There is delay in lodging the complaint. The Applicant is behind bars for more than one year. The Applicant has no antecedents. It may take time to conclude the trial, and requested to allow the Application.

4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant sexually assaulted the victim who was minor. He was aware about her age. The Applicant threatened her. If the Applicant released on bail, he may abscond or threaten Victim, First Informant and prosecution witnesses, and requested to reject the Application. 5.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

6.

At the time of the incident, victim was more than 15 years and 7 months old, whereas the Applicant was 20 years old. There is delay in lodging the complaint. The Applicant is behind bars for more than one year. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.135 of 2025 registered with Chandan Nagar Police Station, Pune, on

furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)