Bombay High Court
KETAN SAKHAHARI GAIKWADversusSTATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The court confirmed and made absolute the anticipatory bail order, allowing the applicant to remain out of custody pending trial.
Summary
The applicant, Ketan Sakhahari Gaikwad, sought anticipatory bail in a case (Crime No. 137 of 2023) involving alleged offences under IPC sections 376, 376(20)(n) and 506, where the complainant was a married woman and the relationship was claimed to be consensual. On 14 June 2023 the trial court granted interim bail with conditions including a bond, sureties, reporting to the investigating officer, and non‑interference with witnesses. The applicant cooperated with the investigation, and the investigating officer later reported that the investigation was complete, a charge‑sheet had been filed, and the trial was underway in Sessions Court. The State’s counsel accepted the applicant’s cooperation. Consequently, the court confirmed the earlier order and made the anticipatory bail absolute, allowing the applicant to continue appearing before the Sessions Court.
Issues considered
- What is the appropriate exercise of discretion by the court in granting and converting anticipatory bail to absolute bail in a case involving alleged rape and criminal intimidation?
Legislation cited
- Indian Penal Code, 1860 — s. 376, 376(20)(n), 506
Subjects
- anticipatory bail
- IPC
- rape
- criminal intimidation
- bail conditions
- cooperation with investigation
- trial proceedings
Judgment
30 - ABA - 1651 - 2023.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:08 +0530 CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1651 OF 2023
Ketan Sakhahari Gaikwad … Applicant
V/s.
The State of Maharashtra … Respondent
Mr. Jaydeep Mane with Mr. Mihir Mondkar for the
Applicant.
Dr. A. A. Takalkar, APP for the State.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 22, 2026
P.C.:
1. Heard Mr. Jaydeep Mane, learned Advocate for the Applicant,
and Dr. A. A. Takalkar, learned APP for the State.
2. On 14th June 2023, the following order was passed:
“1. The Applicant apprehends arrest in Crime No. 137 of 2023
registered with Pandharpur Gramin Police Station, Solapur for
offences under Section 376, 376(20(n), 506 of the Indian Penal Code.
2. The facts narrated in the FIR reveals that the prosecutrix is a
married woman. The Applicant was known to her. The FIR prima facie
reveals that the relationship between the Applicant and the first
informant, both adults, was consensual. Considering this aspect, in my
considered view, this is a fit case to grant interim bail. Hence, the
order:-
(i) In the event of arrest of the Applicant in Crime No.137 of 2023
registered with Pandharpur Gramin Police Station, Solapur, the
Applicant be released on interim bail on furnishing bail bond of
Rs.25,000/- (Rupees Twentyfive Thousand Only) with one or two
sureties in the like amount;
VRJ 1
30 - ABA - 1651 - 2023.docx
(ii) The Applicant shall report to the Investigating Officer for two
days on 19th and 20th June, 2023 between 11.00 a.m. to 2.00 p.m,for
the purpose of investigation;
(iii) The Applicant shall keep the Investigating Officer informed of
his current address and mobile/contact details, and/or change of
residence or mobile/contact details from time to time.
(iv) The Applicant shall not interfere with the Complainant and the
other witnesses, or tamper with the evidence in any manner.
. Stand over to 30.06.2023.”
3. Mr. Jaydeep Mane, learned Advocate for the Applicant, states that
the Applicant has appeared before the Investigating Officer and has
cooperated with the investigation of Crime No. 137 of 2023.
4. Dr. A. A. Takalkar, learned APP for the State, on instructions from
the Investigating Officer, Pandharpur Gramin Police Station, Solapur,
states that the Applicant has cooperated with the investigation. She
submits that the investigation in Crime No. 137 of 2023 is complete and
the charge-sheet has been filed before the Sessions Court, Pandharpur,
and the case is registered as Sessions Case No. 791 of 2023 and the trial
has commenced.
5. Mr. Jaydeep Mane, learned Advocate for the Applicant, states that
the Applicant is appearing before the Sessions Court and contesting
Sessions Case No. 791 of 2023.
6. In view of the statement made by Dr. A. A. Takalkar, learned APP
for the State, the order dated 14th June 2023 is confirmed and made
absolute in terms of paragraph No. 2(i), (ii), (iii) and (iv) thereof.
VRJ 2
30 - ABA - 1651 - 2023.docx
7. Anticipatory Bail Application No. 1651 of 2023 stands allowed
and disposed of.
(ASHWIN D. BHOBE, J.)
VRJ 3
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