Bombay High Court

AJAY RAMCHANDRA SAPTALEversusSTATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

The court confirmed the interim anticipatory bail, made it absolute, and disposed of the application.

Summary

The applicant, Ajay Ramchandra Saptale, was named as Accused No.3 in Crime No.849 of 2023 for alleged offences of sexual exploitation and criminal intimidation under Sections 354, 354(A), 354(D), 506 read with 34 of the IPC and Sections 8, 9 and 12 of the POCSO Act. An anticipatory bail application was filed, and the court on 21 December 2023 granted interim bail with conditions, including cooperation with investigation and a personal bond. On 30 September 2026, the court heard submissions that the applicant had cooperated, the charge‑sheet was filed, and there was no breach of bail conditions; the State argued custodial interrogation was unnecessary, while Respondent No.2 contended the seriousness warranted it. The court found no violation of bail conditions, confirmed the interim bail, made it absolute, and disposed of the anticipatory bail application. The legal aid advocate for Respondent No.2 was directed to be compensated under the Legal Aid Scheme.

Issues considered

Whether the anticipatory bail granted to the applicant should be confirmed and made absolute.
Whether custodial interrogation of the applicant is required in view of the seriousness of the offences.
Whether any breach of the bail conditions occurred.

Legislation cited

Indian Penal Code, 1860 — s. 34, 354, 354(A), 354(D), 506
Protection of Children from Sexual Offences Act, 2012 — s. 12, 8, 9

Subjects

anticipatory bail
sexual exploitation
IPC
POCSO Act
custodial interrogation
bail conditions
legal aid

Judgment

913-ABA-3601-2023 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 3601 OF 2023

Ajay Ramchandra Saptale …...Applicant
Versus.
State Of Maharashtra & Anr. …...Respondents

-----
Mr. Jolly Bhutelo a/w. Ms. Vrushali Ingle Patil for Applicant.
Mr. S.H. Yadav, A.P.P. for the Respondent No.1-State.
Ms. Tanaya Doke, Appointed Advocate for the Respondent No.2.
(Appointed under Legal Aid vide order date 28/09/2026) .
Officer : API K.D. Dhere, Mangalvedha Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 30th September 2026.

PER COURT :

1. Heard, Mr. Jolly Bhutelo, learned Advocate for the Applicant, Mr.

Yadav, learned A.P.P. for the Respondent No.1-State and Ms. Tanaya Doke,

learned Advocate for the Respondent No.2.

2. On 21st December 2023, the following order was passed :

“1) Heard the learned Counsel for the applicant and the learned APP for
the State.

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913-ABA-3601-2023 (CR).docx

2) This is an application for pre-arrest bail in connection with CR. No.
849 of 2023, registered with Mangalvedha Police Station. Solapur, for
the offences punishable under Sections 354, 354 (Α). 354(D) and
506 read with Section 34 of Indian Penal Code. 1860 ("the Penal
Code") and Sections 8 and 12 of Protection of Children from Sexual
Offences Act, 2012.

3) The first informant is the grandfather of 16-year-old victim. The first
informant lodged a report with the allegations that on 24th October,
2023, the victim had narrated to him that in the month of May. 2022,
co-accused Rama had forced her to accompany him to the field of co-
accused- Akshay Saptale. The latter had also threatened to kill the
first informant and her brother in the event she did not accompany
Rama. The latter had allegedly subjected her to sexual exploitation.
After the act. Rama called the applicant, who also threatened the
victim not to disclose the incident lest her family would be in danger.

4) The learned Counsel for the applicant submitted that the incident
had allegedly occurred in the month of May, 2022. FIR came to be
lodged on 26th October, 2023. There is an inordinate delay in
lodging the FIR. Even otherwise, no role of sexual exploitation has
been attributed to the applicant.

5) The learned APP resisted the prayer for pre-arrest bail. Prima facie,
the applicant came in the frame after the alleged act of sexual
exploitation of the victim by the co-accused. At best. the offence of
criminal intimidation can be attributed to the applicant.

6) I am, therefore, inclined to grant interim protection to the applicant
till the application is heard after providing an opportunity to hearing
to the respondent No. 2.

7) Hence, the following order.

:ORDER:

I) Issue notice to the respondents, returnable on 31 January, 2023.

II) Smt. Takalkar, the learned APP, waives notice to respondent No.1.

III) Investigating Officer shall serve the respondent No. 2 and file
report.

IV) In the meanwhile, in the event of the arrest of the applicant in
connection with CR. No. 849 of 2023. registered with

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Mangalvedha Police Station, Solapur, for the offences punishable
under Sections 354, 354 (A). 354(D) and 506 read with Section
34 of Indian Penal Code. 1860 and Sections 8, 9 and 12 of
Protection of Children from Sexual Offences Act, 2012, the
applicant be released on bail on executing a PR Bond in the sum
of Rs.30.000/- with one or two sureties in the like amount.

V) The applicant shall co-operate with the investigation and attend
Mangalvedha Police Station. Solapur, on 3rd, 4th and 5th
January, 2024 in between 10.00 am to 1.00 pm. and, thereafter,
as and when directed by the Investigating Officer.

VI) The applicant shall not tamper with the prosecution evidence
and/or give threat or inducement to the first informant, victim,
any of her relatives and any of the persons acquainted with the
facts of the case.

VII) Stand over to 31 January, 2023.”

3. Mr. Jolly Bhutelo, learned Advocate for the Applicant, states that there

are three (3) accused in Crime No.849 of 2023 and that the Applicant is

Accused No.3. He states that the Applicant has appeared before the

Investigating Officer and has cooperated with the investigation in Crime

No.849 of 2023.

4. Mr. S. H. Yadav, learned A.P.P. for Respondent No.1-State, on

instructions from the Investigating Officer, submits that the Applicant has

appeared before the Investigating Officer and has cooperated with the

investigation in Crime No.849 of 2023. He further submits that upon

completion of the investigation, the Investigating Officer has filed the charge-

sheet in Crime No.849 of 2023 against the Applicant. On instructions, he

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913-ABA-3601-2023 (CR).docx

submits that the custodial interrogation of the Applicant is not required in

Crime No.849 of 2023.

5. Ms. Tanaya Doke, learned Advocate for Respondent No. 2, submits that

the offence is serious in nature and therefore, custodial interrogation of the

Applicant is required.

6. Considering the statements made by Mr. Jolly Bhutelo, learned

Advocate for the Applicant and Mr. Yadav, learned A.P.P. for the Respondent

No.1-State, bearing in mind that the Applicant has been protected by ad-

interim bail since 21st December 2023 and that there is no allegation of any

breach of the bail conditions, the order dated 21st December 2023 is

confirmed and made absolute in terms of paragraphs 7(iv) and 7(vi) thereof.

7. Advocate Ms. Tanaya Doke, appointed under the Legal Aid Scheme, has

appeared for Respondent No. 2. Accordingly, the Bombay High Court Legal

Services Committee, Kolhapur Circuit Bench, shall quantify and pay the fees

of Advocate Ms. Tanaya Doke as per the Legal Aid Scheme.

8. The Anticipatory Bail Application No.3601 of 2023 is disposed.

[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.10.01
10:47:31
+0530

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