NAGRAJ R.versusTHE STATE OF MAHARASHTRA

                                                                      24-ABA-3031-2023.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
        ANTICIPATORY BAIL APPLICATION NO. 3031 OF 2023
Nagraj R.                                       ...Applicant
        Versus
The State of Maharashtra and Anr.                                   ...Respondents
_______________________________________________________________
Ms. Tripti Shetty, Advocate for the Applicant (through VC).
Mr. S. H. Yadav, APP for the Respondent – State.
Mr. Mohan Chavan, Advocate for the Respondent No. 2.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 29th September, 2026.
P.C. :


1.       On 30.10.2023, the following order was passed :-


           1.        Heard the learned counsel for the applicant and the
           learned APP for the State.
           2.          This application is preferred seeking pre-arrest bail in
           connection with C.R. No.315 of 2022 registered at Vishrambaug
           police station for the offences punishable under sections 354A(1)
           (1) and 363 read with 34 of Indian penal Code, 1860 and section
           8 of the Protection of Children from Sexual Offences Act, 2012.
           3.         The applicant who is a friend of the former husband of
           the first informant is arraigned for having committed sexual
           assault on the 7 year old daughter of the first informant. The
           incident is alleged to have taken place on 3rd June, 2022, at the
           house of the applicant at Bangalore. The victim allegedly related
           the incident to the first informant on 22nd July, 2022. The first
           information report came to be lodged on 23rd July, 2022.
           4.         The learned APP seeks time to take instructions as the
           investigating officer is not present.
           5.         Prima facie, it appears that the genesis of the
           allegations is the dispute between the first informant and her
           former husband over the custody of the victim. It is alleged that
           the victim was kidnapped by misusing the visitation rights and
           while the victim was in the custody of the father, the alleged


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          offence has been committed by the applicant at his house in the
          fathers presence. In the backdrop of the nature of the
          accusations, it is necessary to implead the first informant as a
          party respondent to this application.
          6.       Let the first informant be impleaded as party
          respondent No. 2 concealing her identity.
          7.        Necessary amendment be carried out forthwith.
          8.        Issue notice to the respondents.
          9.          In addition to notice through Court, the investigating
          officer shall serve the respondent No. 2 and file report.
          10.        In the meanwhile, in the event of arrest in C.R.
          No.315 of 2023 registered with Vishrambaug police station, the
          applicant be released on bail on furnishing a P.R. bond in the sum
          of Rs.30,000/-with one or two sureties in the like amount.
          11.      The applicant shall cooperate with the investigation
          and attend Vishrambaug police station, on 7th 8th and 9th
          November, 2023 in between 10 am to 1 pm and, thereafter, as
          and when directed.
          12.         The applicant shall not tamper with the prosecution
          evidence and give threat or inducement to first informant, any of
          the prosecution witnesses or any person acquainted with the
          facts of the case.
                    Stand over to 18th December, 2023.



2.      Ms. Tripti Shetty, learned Advocate for the Applicant, states that

the Applicant has appeared before the Investigating Officer, Vishrambag

Police Station and has co-operated with the investigation in Crime No.

315 of 2022. She submits that upon completion of the investigation in

Crime No. 315 of 2022, chargesheet is filed before the Sessions Court,

Sangli and same is registered as Special Case No. 251 of 2023. She

states that the Applicant has furnished PR bond before the Sessions

Court and is regularly appearing in the trial of Special Case No. 251 of

2023.



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3.      Mr. S. H. Yadav, learned APP for the Respondent – State, on

instructions from the Investigating Officer, Vishrambag Police Station,

states that Applicant has appeared before the Investigating Officer,

Vishrambag Police Station and has cooperated with the investigation in

Crime No. 315 of 2022. He submits that upon completion of the

investigation, chargesheet is filed before the Sessions Court Sangli and

same is registered as Special Case No. 251 of 2023. He submits that the

custodial interrogation of the Applicant is not required.



4.      Mr. Mohan Chavan, learned Advocate for the Complainant /

Respondent No. 2, submits that the Applicant is the main Accused in the

present crime. He however does not dispute that the chargesheet is filed

and the case is now pending before the Sessions Court, Sangli.



5.      In view of the statements made by Ms. Tripti Shetty, learned

Advocate for the Applicant and Mr. S. H. Yadav, learned APP for the

Respondent – State, further the Applicant being on interim bail since

30.10.2023, there being no allegations of breach of any bail conditions

imposed in the order dated 30.10.2023, this Application is allowed by

confirming the order dated 30.10.2023 and making the paragraph nos.

10 and 12 of the order dated 30.10.2023, absolute.




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               6.      Anticipatory Bail Application No. 3031 of 2023 is disposed of.



                                                             (ASHWIN D. BHOBE, J.)




          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.10.01
          10:52:19
          +0530




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