High Court · 2024

Legal Reasoning

IN THE JUDICATURE OF HIGH COURT AT BOMBAYBENCH AT AURANGABAD46 BAIL APPLICATION NO. 346 OF 2025Shrikrishna Uttamrao MulgirVERSUSThe State Of Maharashtra And Another...Advocate for Applicant : Mr. Thombre S. S.APP for Respondents-State: Ms. P. V. Diggikar Advocate for Respondent No.2 : Mr. Ingole Dhanraj S. Advocate for Respondent No. 2 : Ms. Mayur S. Hange For R/2 (Appointed)...CORAM : ARUN R. PEDNEKER, J.Dated : June 16, 2025.PER COURT :-1.Heard the learned Counsel for the applicant, the learned APP for therespondent-State, the learned Counsel Mr. Ingole D. S. for respondent No.2,and the learned appointed Counsel Ms. Mayur S. Hange for respondent No.2.2.The applicant is seeking bail in connection with FIR No.0272/2024,dated 21/09/2024, registered with Hadgaon Police Station, District Nanded,for the offences punishable under Sections 64, 65(1), 78, 74, and 4 of theBharatiya Nyaya Sanhita, 2023, and under Sections 8 and 12 of theProtection of Children from Sexual Offences Act, 2012 (POCSO Act).3.The case of the prosecution is that, the applicant is 20 years old,whereas the informant was 13 years and 11 months old at the time of thealleged incident. It is alleged that the applicant had forcible sexual relationswith the informant. The same is maintained by her in her statement recordedunder Section 164 of the Cr.P.C. (now replaced with Section 183 of theBharatiya Nagarik Suraksha Sanhita).Page 1 of 5 46 BA 346-20254.Today, an affidavit affirmed by the informant has been filed beforethis Court, the relevant portion of which, i.e., paragraphs 2 and 3, reads asunder : -“2]The deponent says and submits that, the applicant anddeponent have well accompanied with each other and were havinglove affair, they were frequently talks with each other. The deponentis at the age of understanding and out of hear and anger she hasfiled a report against the applicant.3]The deponent says and submits that, the deponent is havingno objection if the bail is granted to the applicant and she does notwant to further prosecute with the case.”5.On 11/06/2025, the learned APP was directed to verify whether theaffidavit had been duly affirmed by respondent No.2. The learned APP hasverified the genuineness of the affidavit. However, the learned APP submitsthat considering the age of the victim and her earlier statement recordedunder Section 164 of the Cr.P.C. (now Section 183 of the Bharatiya NagarikSuraksha Sanhita), no case for grant of bail is made out. It is furthersubmitted that the affidavit filed by the informant does not support thecase made out in her previous statement.6.At this stage, the informant is not maintaining the allegations madeby her in the statement under Section 164 of the Cr.P.C. ( now Section 183of the Bharatiya Nagarik Suraksha Sanhita ). It is also to be notedthat except for the statement of the informant, there appears to bePage 2 of 5 46 BA 346-2025no other material to connect the applicant with the alleged offence.7.This Court has considered the judgment in Criminal Application No.718 of 2023, decided on 05/01/2024, wherein in similar circumstances, thisCourt observed in paragraph 6 as under : -“6. Having heard learned Counsel for the applicant and learnedAPP for the State. Perused the investigation papers. There is nodispute as to the fact that applicant is arrested on 30.08.2020 andthere is no progress in the trial though charge-sheet is filed on26.10.2020. As far as merit is concerned, admittedly victim is of 13years of age and her consent is not relevant. However, thestatements which are recorded by the Investigation Officer showsthat victim has left her house at her own accord on the pretext ofbringing the book from friend and not returned back at home. Shealso joined the company of the present applicant and also admittedher love relationship with the present applicant in her statement.From her statement it reveals that, she stayed along with thepresent applicant at various places and not made any grievance asshe was taken by the present applicant by using some force. Thus itis apparent that, out of the love affair, she joined the company of thepresent applicant. The applicant is also of a tender age of 26 yearsand out of love affair they come together. It seems that, the allegedincident of sexual relationship is out of the attraction between thetwo young persons and it is not the case that applicant hassubjected the victim for a sexual assault out of lust. Considering thefact that, though charge-sheet is filed long back in the year 2020and there is no progress in the trial and trial will take its own timefor final disposal. In view of that, further incarceration of the presentapplicant is not required and no purpose will be served by keepinghim behind bar. In view of that, the application deserves to beallowed by imposing certain conditions…..”Page 3 of 5 46 BA 346-20258.Considering the above facts and circumstances and following theratio laid down in Criminal Application (BA) No. 718 of 2023, this Court isinclined to grant bail to the applicant.9.In view of the above, the application is allowed in the followingterms: -a] The applicant shall be released on bail in connection with FIRNo.0272/2024, dated 21/09/2024, registered with Hadgaon PoliceStation, District Nanded, for the offences punishable under Sections64, 65(1), 78, 74, and 4 of the Bharatiya Nyaya Sanhita, 2023, andSections 8 and 12 of the POCSO Act, 2012, on furnishing a PR bondof ₹25,000/- (Rupees twenty-five thousand only) with one or twosureties in the like amount, to the satisfaction of the Trial Court.b] The applicant shall not, in any manner whatsoever, contact theinformant during the pendency of the trial.c] The applicant shall co-operate with the Trial Court and shall attendeach and every date of hearing, unless specifically exempted by theTrial Court.d] The applicant shall not tamper with the prosecution evidence norshall he influence the informant, witnesses, or any other personconcerned with the case.e] Upon release on bail, the applicant shall furnish his current mobilenumber and residential address to the Trial Court and shall informthe Court of any change therein from time to time.10.Needless to state, in the event of breach of any of the aforesaidPage 4 of 5 46 BA 346-2025conditions, the bail granted to the applicant shall be liable to be cancelled.It is clarified that the observations made herein are limited to the disposalof the present bail application, and the Trial Court shall decide the matteron merits, uninfluenced by any observations made in this order.11.The fees of the appointed Advocate are quantified at Rs.10,000/-(Rupees ten thousand only), to be paid by the High Court Legal ServicesSub-Committee, Aurangabad.12.The application stands disposed of.( ARUN R. PEDNEKER, J. )vj gawade/-.Page 5 of 5