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Bombay High CourtBA/840/2026disposed off

Tryambak Gundu Panchal v. The State Of Maharashtra And ANR

2026-05-08Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 840 OF 2026 Tryambak Gundu Panchal ...APPLICANT

VERSUS

The State Of Maharashtra And Anr ...RESPONDENTS _________________________________________________________________ Mr. Vaibhav Chandanshive, Advocate for Applicant. Mr. S. R. Agarkar, APP for Respondent No.1-State. Ms. Anamika Biswas, Advocate for Respondent No. 2. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 8th MAY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 166 of 2023 registered with Rajgad Police Station, District Pune for the offences punishable under Sections 363, 376(2)(n), 313 and 506 of the Indian Penal Code 1860, Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i)(ii), 3(2) (v), Section 3(2)(v) and 3(2)(va) and Section 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

It is prosecution's case that, during the period from 19th April, 2022 to 08th April, 2023, the applicant and co-accused sexually assaulted the minor daughter of the first informant by kidnapping her. It is alleged that, the applicant is the uncle of accused no.1 and he sexually assaulted

the victim.

3.

It is contention of learned counsel for the applicant that accused no. 1 has been released on bail. Hence, the applicant is entitled for bail on principle of parity. The applicant is behind bars for more than three years. There is no progress in the trial and requested to allow the application.

4.

It is contention of learned counsel for the applicant along with learned counsel for respondent no. 2 that the applicant is sexually assaulted victim, who was minor, when she was came in the house of the applicant. If applicant is released on bail, he may abscond or threaten and prosecution witnesses, and requested to reject the application. 5.

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

6.

The accused no. 1 against whom serious allegations are levelled has been released on bail. Considering this fact, the applicant is entitled for bail on principle parity. Applicant is behind bars around three years. There is no progress in the trial.

7.

Considering these facts, I pass following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 166 of 2023 registered with Rajgad Police Station, District Pune, on

executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The application is allowed in the aforesaid terms and is accordingly disposed of.

6.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)