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Bombay High CourtBA/597/2026disposed off

Manoj Uttam Shirsath v. The State Of Maharashtra

2026-04-28Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 597 OF 2026 Manoj Uttam Shirsath ...Applicant

VERSUS

The State Of Maharashtra

...Respondent

____________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.04.30 15:06:59 +0530 NILAM SANTOSH KAMBLE Mr.Prakash Chavan i/b Ms.Pooja Agarwal, for the Applicant. Mr.P.P. Jadhav, APP for Respondent-State.

Mr.Vaibhav Chandanshiv, for Respondent No.2 (Through V.C.) ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 28th APRIL 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.11 of 2025 registered with Dehuroad Police Station, PimpriChinchwad, for the offences punishable under Section 69 Bharatiya Nyaya Sanhita, 2023 ('BNS' for short).

2.

It is prosecution's case that during the period from November 2023 to 7th January 2025, the Applicant sexually assaulted the First Informant on various occasions on the promise of marriage, but thereafter, he refused to marry.

3.

It is contention of learned counsel for the Applicant that the physical relations between the Applicant and First Informant were

consensual. The Applicant is behind bars for more than sixteen months. The Applicant has no antecedents. There is no progress in 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 First Informant on the promise of marriage. The Applicant had borrowed money from the First Informant. If the Applicant released on bail, he may abscond or threaten 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.

To prove the allegations against the Applicant, evidence is required. The Applicant is behind bars for more than sixteen months. 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.11 of 2025 registered with Dehuroad Police Station, Pimpri-

Chinchwad, 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.)