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Bombay High Court

SANDIP BABURAO KANDELKARversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that, given the applicant's satisfactory assurance of future compliance, he is entitled to be released on bail subject to the stipulated conditions.

Summary

The applicant, Sandip Baburao Kandelkar, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences of rape, kidnapping and child sexual abuse under the IPC and POCSO Act. He had previously been granted bail but was re-arrested for breaching a bail condition. The applicant assured the court that he would now comply with all bail conditions, attend all trial dates, and not interfere with witnesses. The court noted that the prosecutrix, now married, had no objection to the bail and that the applicant had otherwise attended trial. Considering the assurance of compliance and the commencement of trial, the court quashed the earlier order and granted bail with specific conditions. The order expressly limited its observations to bail and did not address the merits of the underlying criminal charges.

Issues considered

  • Whether the applicant is entitled to enlargement of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite a prior breach of bail conditions
  • Whether the assurances provided by the applicant satisfy the court's requirement for compliance with bail conditions

Legislation cited

Subjects

  • bail
  • Section 483
  • legal aid
  • sexual offences
  • IPC
  • POCSO
  • bail conditions
  • court order

Judgment

                                                                       19.BA.3236.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3236 OF 2026

              Sandip Baburao Kandelkar                         .. Applicant
                         Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Mr. Kuldeep U. Nikam, Advocate for Applicant.
               Ms. Anuja S. Gotad, APP for Respondent No.1 – State.
               Ms. Tithi Raut, Advocate for Respondent No.2 appointed through
                legal aid.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : SEPTEMBER 01, 2026
              P.C.:

              1.       Heard Mr. Nikam, learned Advocate for Applicant; Ms.

              Gotad, learned APP for Respondent No.1 and Ms. Raut, learned

              Advocate for Respondent No.2 appointed through legal aid.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.151 of 2015 registered with Lonavala City Police Station, Pune for

              offences punishable under Sections 376, 363 and 366A of the Indian

              Penal Code, 1860 and under Sections 3, 4, 8 and 18 of the Protection

              of Children from Sexual Offences Act, 2012.


              3.       As per directions contained in the order dated 25.08.2026,

              Ms. Raut has taken instructions from the Respondent No.2 -

              prosecutrix who incidentally now is happily married and well-settled in


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life. She would submit on instructions that there is no interference

whatsoever from the Applicant qua Respondent No.2 with regard to

the present case. That is precisely what is expected by the Court in

such matters from the legal Aid Advocate.


4.          In so far merits of the present matter are concerned, the

Applicant was already enlarged on bail but in view of he derelicting

and not complying with one of the bail condition, he came to be

arrested.


5.          Mr. Nikam would submit that he now has instructions from

the Applicant that he shall ensure that he will attend all Trial Court

proceedings and dates of hearing alongwith his Advocate in future and

would not derelict or commit breach of any of the bail conditions.

Considering that Trial has already commenced and Applicant has

attended the Trial Court otherwise except on the previous occasion due

to which he had to face the ignominy of being arrested, I am inclined

to consider the case of Applicant for enlargement on bail. In that view

of the matter, the order dated 07.07.2026 stands quashed and set

aside. Resultantly, Application below Exhibit-51 in Special Case No.79

of 2022 stands allowed.


6.          Applicant is directed to be released on bail     subject to

following conditions:-




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(i)   Applicant is directed to be immediately released from

      prison in connection with Crime No. 151 of 2015;


(ii) Applicant is directed to be released on bail on

      furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

      Thousand only) with one or two surety / sureties of the

      like amount;

(iii) Applicant shall report to the Investigating Officer at the

      concerned Police Station, once every month on the first

      Monday of the month between 10:00 a.m. to 12:00

      p.m.;

(iv) Applicant shall co-operate with the conduct of trial and

      attend the Trial Court on all dates, unless specifically

      exempted    and    will   not   take   any     unnecessary

      adjournments, if he does so it will entitle the

      prosecution to apply for revocation of this order;

(v) Applicant shall not leave the State of Maharashtra

      without prior permission of the Trial Court;

(vi) Applicant shall not influence any of the witnesses or

      tamper with the evidence in any manner;

(vii) Applicant shall keep the Investigating Officer informed

      of his current address and mobile contact number and /

      or change of residence or mobile details, if any, from

      time to time, as applicable; and

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                                (viii)Any infraction of the conditions shall entail cancellation

                                               of bail granted to the Applicant.

               7.               It is clarified that the observations made in this order are

               limited for the purpose of granting Bail only and I have not made any

               observations on merits of the case. The trial shall be adjudicated on

               the strength of the evidence led and strictly on its own merits being

               uninfluenced with any of the prima facie observations made

               hereinabove in this order.


               8.               This Court appreciates the assistance rendered by Ms. Raut

               learned appointed Advocate through the legal aid. Her fees be paid by

               the High Court Legal Aid Services Authority as per rules on production

               of a server copy of this order and other compliances in accordance with

               the decision of this Court in the case of Sanjyot Nitin Telharkar v. The

               State of Maharashtra & Anr.1 and the Schedule under Regulation 18(1)

               of the Maharashtra State Legal Services Authority Rules, 1998.


               9.               Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                            [ MILIND N. JADHAV, J. ]

                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.01
                            20:12:16 +0530




               1    Judgement dated 25.09.2024 passed in Misc.Civil Application No.134 of 2024.

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