High Court
Legal Reasoning
BA 904/254applicant.7.Per contra, the learned counsel appearing for respondent No. 2 i.e.parent of the victim submits that applicant had violated the conditions of bailgranted in this crime by kidnapping the victim, who is minor and as suchcreating difficult circumstances for them. The learned counsel further submitsthat similar kind of offence is also registered against the applicant at KhedPolice Station vide crime No. 42/2024 wherein it is alleged that the applicantand co-accused have assaulted one of the witness in the present crime. Thelearned counsel therefore prays for rejection of the application.8.In response to above allegations, the learned counsel for the applicantsubmits that allegation against the applicant in that crime registered at KhedPolice Station is that he has assaulted the witness by fist blows.9. Having considered the rival submissions and having perused the policepapers, it appears that the applicant was brought in execution of N.B.W.before the Sessions Court as he was not attending the court. Since 21.12.2024the applicant is behind bars. Considering the age of the applicant and thevictim, who is having age of understanding, I deem it appropriate to releasethe applicant on bail on some stringent conditions.10.In view of the above, the application is allowed in the following terms : a]The applicant shall be released on bail in connection with CrimeNo. 78/2021 dated 3.6.2021 registered with West Deopur Police Station,District Dhule for the offences punishable under sections 363, 366,376(2)(I), 34 of I.P.C. and section 4 and 8 of the Protection of ChildrenFrom Sexual Offences Act, 2012, on furnishing PR bond of Rs.20,000/-with one or two sureties in the like amount to the satisfaction of the trialCourt. b]The applicant shall not visit Dhule district except on the date of BA 904/255trial and the applicant shall stay away from the victim. c]The applicant, upon being released on bail, shall not contact theinformant or witnesses in any manner whatsoever, during the pendencyof the trial. d]The applicant shall co-operate with the trial Court and he shallattend each and every date, unless exempted by the trial Court, forreasons to be recorded in writing.e]The applicant shall not tamper with the evidence of theprosecution and he shall not influence the informant, witnesses andother persons concerned with the case. f]The applicant, upon being released on bail, shall place on recordof the trial Court the details of his Contact Number and residentialaddress with updates in case of any change. 11.Needless to say, in case of violation of any of the aforesaid conditions,the bail granted to the applicant shall be liable to be cancelled.12.It is also clarified that the observations made in this order are limited tothe disposal of the present bail application. The concerned Court shall proceedfurther in the matter without being influenced by the observations madehereinabove. 13.The application stands disposed of. [ARUN R. PEDNEKER, J.]SSC/
Arguments
BA 904/251IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD932 BAIL APPLICATION NO. 904 OF 2025ARJUN RAHNATH AAVHADVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER...Advocate for Applicant : Mr. Deshpande Chaitanya ChandrakantAPP for Respondent/State : Mr. G.O. Wattamwar Advocate for Respondent 2 : Mr. C.B. Chaudhari...CORAM :ARUN R. PEDNEKER, J.DATE :22/07/2025P.C. : 1.Heard the learned counsel for the applicant, the learned APP for therespondent-State and Mr. C.B. Chaudhari, learned advocate appearing forrespondent No. 2. 2.The applicant is seeking bail as he is arrested in connection with CrimeNo. 78/2021 dated 3.6.2021 registered with West Deopur Police Station,District Dhule for the offences punishable under sections 363, 366, 376(2)(I),34 of I.P.C. and section 4 and 8 of the Protection of Children From SexualOffences Act, 2012. 3.This matter has chequered history. For the present, it is suffice to saythat the applicant was granted regular bail in the present crime vide orderdated 30.10.2021 below Exh. 13 in Special Case No. 79/2021 by the learnedAdditional Sessions Judge, Dhule and applicant was directed to reside out ofDhule city till conclusion of the trial. It is stated that while applicant was onbail in this crime, original complainant has filed application below Exh. 40 inSpecial Case No. 79/2021 dated 5.2.2022 for cancellation of bail on theground that he has committed a breach of order of bail dated 30.10.2021 andthe same was also contested by the applicant. It is stated that while applicant BA 904/252was on bail and residing at Khed, outside Dhule city, during that period thevictim has again joined the company of the applicant at Khed. At that timealso victim was still minor and again similar kind of allegations were madeagainst the applicant and Crime No. 42/2024 came to be registered at KhedPolice Station, District Dhule for the similar offences. In that crime also theapplicant came to be arrested and was released on bail by the learned SpecialJudge, Pune vide order dated 26.7.2024 in Cri. Bail Appln. No. 439/2021 byobserving at para No. 5 as under :-“5-ojhy dFkus ikgrk lnj vtZnkjkfo:/n fiMhrsyk iGowu usysvlk vkjksi vlyk rjh ,danjhr dFkus ikgrk fiMhrk gh Lor%vkjksihcjkscj xsysyh fnlwu ;srs- xqUg~;kpk rikl vtwu iw.kZ >kysyk ukgh-fiMhrsps o; 16 o’ksZ vkgs- Eg.kts frus ts dkgh d`R; dsys vkgs R;kpsifj.kke rh letw “kdsu vls frps o; vkgs- f”kok; lnj vtkZl frusfojks/k n”kZfoysyk ukgh- rlsp vtZnkj o fiMhrk ;kaps izselaca/k vkgsr-v”kk ifjfLFkrhr vtZnkjkl dkgh vVhoj tkehu eatwj dj.ks ;ksX; gksbZy-;ko:u iq<hy vkns”k dj.;kr ;srks %&”4.As the applicant has not attended Sessions Court Dhule in the presentcrime, N.B.W. was issued against the applicant. At that time, applicant was incustody in the crime registered at Khed Police Station. After execution ofN.B.W. the applicant was produced before the Sessions Court Dhule in whichapplicant has filed application for cancellation of N.B.W. below Exh. 100. Thelearned Sessions Judge, Dhule while deciding application of applicant belowExh. 100 has also taken up for hearing the application of informant below Exh.40 filed for cancellation of bail. Thereafter, learned Sessions Judge, Dhule hasrejected the application, Exh. 100 filed by the applicant for cancellation ofN.B.W. vide impugned order and did not pass any order below Exh. 40. Inpara 6 and 7, the learned Sessions Judge has observed as under :-“06) On perusal of the record it appears that the offence is on BA 904/253registered on 03.06.2021. Accused No. 1 was arrested13.06.2021. He was released on 30.10.2021. He is brought inexecution of N.B.W. and he is in M.C.R. since 21-12-2024. 07) Upon perusal of the case record and after hearing bothsides, it is evident that the accused No. 1 has violated theconditions of the bail granted earlier. The accused, having beengiven an opportunity to remain on bail, has shown disregard forthe orders of this Court. Such conduct reflects a lack of respectfor the rule of law and undermines the judicial process. As perthe own contention of the accused No. 1 offence was registeredagainst him in Khed Police Station bearing CR No. 42/2024 inwhich he was arrested and released on bail on 26/07/2024.This complaint is pertaining to kidnapping the victim andcommitting sexual assault on her. That means there iscommission of another offence of similar nature. Further thereare complaints against him that he is threatening thecomplainant and the panch witness Chandrakant ShenpaduPatil. Considering the gravity of the violation and the likelihoodof the accused repeating similar acts if released, this Court isnot inclined to grant bail to the accused at this stage. Hencefollowing order is passed.”5.The Trial Court has particularly observed that when the applicant was onbail, he has violated the conditions of bail and kidnapped the victim andcommitted sexual assault and as such, he has committed another similar kindof offence and therefore, the learned Sessions Judge, Dhule has rejected theapplication, Exh. 100 by the applicant filed for cancellation of N.B.W.6.The learned counsel for the applicant submits that while applicant wason bail, he was contacted by the victim and she came on her own and hasstarted residing with applicant at Khed. In that regard, para 5 of the orderpassed by the learned Special Judge, Pune is relevant. The learned counselsubmits that victim would complete 18 years of age in the month of December2025 and she has age of understanding. The learned counsel submits thatthough the applicant tried to avoid the company of victim, the victim herselfcame to the applicant at Khed and as such, no offence is committed by the the