AHMED RAZA ALIAS ALAM ANSARIversusTHE STATE OF MAHARASHTRA AND ORS.

                                                      915-APEAL-195-2026 (CR).docx


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

                   CRIMINAL APPELLATE JURISDICTION

                       CR. APPEAL NO. 195 OF 2026

Ahmed Raza Alias Alam Ansari                          … Appellant
                   Versus.
The State of Maharashtra & Ors.                       … Respondents


                                       -----
Mr. Aditya S. Navpute a/w. Ms. Deeksha Singh & Mr. Adarsh Patil i/b. AKT
Legal Law Firm for the Appellant.
Ms. S.N. Deshmukh, A.P.P. for the Respondent Nos.1 & 3-State.
Ms. Pallavi Kante, Appointed Advocate for the Respondent No.2.
Officer : ASI Mr. S.S. Bhagat, Shirval Police Station, present.
                                      -------

                                  Coram :      ASHWIN D. BHOBE, J.

                                  Date     :   11th September 2026.

PER COURT :


1.    At the outset, Ms. S. N. Deshmukh, learned A.P.P. for the Respondent

Nos. 1 & 3-State, submits that the notice was served on the Respondent No. 2

and that a request was received from her for the appointment of an Advocate

under the Legal Aid Scheme, as she is unable to afford a private lawyer.


2.    Ms. S. N. Deshmukh, learned A.P.P. for the Respondent Nos.1 & 3 states

that Advocate Ms. Pallavi Kante be appointed to represent the Respondent



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No.2 in the present Appeal. Advocate Ms. Pallavi Kante agrees to appear and

represent the Respondent No.2 in the present Appeal. The Bombay High

Court Legal Services Committee, Kolhapur Circuit Bench to take note of

appointment of Advocate Ms. Pallavi Kante, under the Legal Aid Scheme.


3.    Copies of the paper book are supplied to Advocate Ms. Pallavi Kante.

She requests that this matter be kept back. At the request of Advocate Ms.

Pallavi Kante, this matter was take up after some time.


4.    Heard Mr. Aditya Navpute, learned Advocate for the Appellant, Ms.

Deshmukh, learned A.P.P. for the Respondent Nos.1 & 3-State and Ms. Pallavi

Kante, learned Advocate for the Respondent No.2.


5.    By the present Appeal filed under Section 14A of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Appellant

is assailing the order dated 15 th July 2026 passed by the Additional Sessions

Judge, Wai, in Criminal Bail Appeal No. 109 of 2026, which rejected the

request for regular bail in Crime No. 0239 of 2026.


6.    The Appellant seeks regular bail in connection with Crime No. 0239 of

2026, dated 17th June 2026, registered at Shirval Police Station, District

Satara, for offences punishable under Sections 78, 75 and 126(2) of the

Bharatiya Nyaya Sanhita, 2023 and Section 12 of the Protection of Children

from Sexual Offences Act, 2012 and Sections 3(1)(w)(ii) and 3(2)(va) of the


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Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989.


7.      According to the prosecution case, the Appellant, an 18-year-old boy, is

alleged to have expressed his feelings towards the Respondent No.2 and to

have followed the Respondent No.2 (the victim), who is 14 years and 6

months of age. The Respondent No.2 has registered the said complaint,

stating that she was uncomfortable with the Appellant following her.


8.      Mr. Aditya Navpute, learned Advocate for the Appellant, submits that

the Appellant, a young boy, had no intention of committing any offence. He

further submits that the Appellant merely expressed his love for the

Respondent No. 2.


9.      Ms. Pallavi Kante, learned Advocate for Respondent No. 2, submits that

Respondent No. 2, a minor, felt threatened by the Appellant's expressions and

advances towards her.


10.     Ms. S. Deshmukh, learned A.P.P. for the Respondent Nos. 1 & 3, submits

that the investigation in Crime No. 0239 of 2026 is complete, there are no

recoveries to be made from the Appellant and that the chargesheet has been

filed. In view of the same, she, on instructions, submits that custody of the

Appellant in Crime No. 0239 of 2026 is not required.




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11.   Perused the record.


12.   In view of the fair stand taken by the Respondent Nos. 1 and 3, as put

forth by Ms. S. Deshmukh, learned A.P.P. for the Respondent Nos. 1 & 3 and

the absence of any allegations that the Appellant has assaulted, caused any

physical harm, or attempted to cause any physical harm to the Respondent

No. 2, the continuation of the Appellant's custody pending trial is not

warranted.


13.   In view of the above, this Appeal is allowed in the following terms :


      (a)    The Appellant in Crime No. 0239 of 2026, registered on 17 th
             June 2026 with Shirval Police Station, District Satara, shall be
             released on bail upon furnishing a P.R. bond of Rs. 10,000/-
             (Rupees Ten Thousand only), with one or two sureties in the like
             amount, to the satisfaction of the Additional Sessions Judge,
             Wai.

      (b)    The Appellant shall not contact the Respondent No.2.

      (c)    The Appellant shall not directly or indirectly make any
             inducement, threat or promise to the Respondent No.2 or to any
             person/s acquainted with the facts of the case to dissuade such
             person/s from disclosing the facts to the Court or any police
             officer.

      (d)    The Appellant shall not tamper with evidence in any manner.




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                              (e)   The Appellant shall, within three (3) days of his release, provide
                                    the Investigating Officer with his residential address along with
                                    proof, his contact numbers, email and must inform the
                                    Investigating Officer of any changes to this information from
                                    time to time.

                 14.          Criminal Appeal No. 195 of 2026 is disposed of in the above terms.


                 15.          The Bombay High Court Legal Services Committee, Kolhapur Circuit

                 Bench, shall quantify and pay the legal fees payable under the Legal Aid

                 Scheme to Ms. Pallavi Kante, learned Advocate for the Respondent No.2, who

                 has appeared and represented the Respondent No.2 in this Criminal Appeal.




                                                             [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN
           Date: 2026.09.11
           17:12:51 +0530




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