GANESH BABAJI DUMBREversusTHE STATE OF MAHARASHTRA

                                                                             21. BA 3394-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3394 OF 2026

                      Ganesh Babaji Dumbre                              .Applicant

                                 Vs.

                      The State of Maharashtra                          .Respondent
ANAND
SUDHAKAR              Mr. Shirish Gupte, Senior Advocate a/w. Mr. Pandit Kasar, Mr. Sagar
SUDAME                Bhosale & Mr. Bhavesh Suryarao, for the Applicant
Digitally signed by
ANAND SUDHAKAR        Ms. Sangeeta Phad, APP, for the Respondent – State
SUDAME
Date: 2026.09.17
12:06:20 +0530
                      Ms. Meghna Gowalani a/w. Mr. Saharsh Manyar, Advocates, for
                      Respondent No. 2
                      Mr. Vinayak Patil, PI, Dighi Police Station present

                                         CORAM : MILIND N. JADHAV, J.

                                         DATE     : 16.09.2026
                      P. C.

                      1.      Heard Mr. Gupte, learned Senior Counsel for the Applicant, Ms.

                      Phad, learned APP for the Respondent – State and Ms. Gowalani,

                      learned Counsel for the Respondent No. 2/Prosecutrix.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 181 of 2026 registered with Dighi Police Station, Pune for

                      offences punishable under Sections 143(2) read with Section 3(5) of

                      the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and under

                      Sections 3, 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956.


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3.      Without delineating any opinion on merits, rest will affect the

trial with the present case. It would be appropriate to delineate the

order dated 07.09.2026 which was passed on the last date when the

matter was argued by Mr. Gupte. The order dated 07.09.2026 reads as

under :-

        “1. Heard Mr. Gupte, learned Senior Counsel for the
        Applicant. He has drawn my attention to the statement of
        the Victim recorded under Section 161 of the Criminal
        Procedure Code, 1973 and appended at page No. 39
        which is prima facie contradictory to the statement
        recorded under Section 164 of the Criminal Procedure
        Code, 1973, a copy of which is appended at page No.
        135. He would submit that in her subsequent statement
        under Section 164, the victim virtually exonerates the
        role of the Applicant and therefore, in that view of the
        matter, the Applicant should be entitled to bail, since he
        was only working as Manager of the Aaram Lodge, Dehu
        Phata, Alandi Devachi, Taluka – Haveli, Alandi Road,
        Pune in which the alleged offence took place.

        2.    The Applicant is directed to implead the Victim as
        Respondent No. 2 in the present case forthwith.
        Amendment is carried out forthwith in the presence of
        the Court which is endorsed by the Court. Re-verification
        stands dispensed with. A copy of this order and a copy of
        the Application shall be served on the Victim through the
        Police Inspector of the Dighi Police Station, Pune
        forthwith by the Advocate for the Applicant.

        3.    In view of the aforesaid submissions made by Mr.
        Gupte, the Prosecutor is directed to take appropriate
        instructions and accordingly, apprise the Court on the
        next adjourned date. The aforesaid exercise be carried
        out within a period of one week from today.

        4.    List the matter on 16.09.2026 at 3.00 p. m..”


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4.      Ms. Gowalani appears in Court along with the Respondent No. 2

who is also present in Court. She would in her usual fairness as seen by

the Court confirms the fact that the Section 164 statement to which the

reference is made in the aforesaid order has been given by her and she

confirms the said statement. If that be the position then considering the

fact that the Applicant was not the owner of the premises and was

merely employed as a Manager therein and looking into the Section

164 statement of the Respondent No. 2, the Applicant has made out a

case for grant of bail.

5.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Ganesh Babaji Dumbre is directed to be

                 immediately released from prison in connection with

                 CR. No. 181 of 2026;


           (ii) The 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 sureties in the like

                 amount;


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

                 Dighi Police Station, Pune twice every month, on the
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            first Monday and third Friday of the month between

            10:00 a.m. to 12:00 p.m. until commencement of trial

            and thereafter shall attend all dates of hearing before

            the Trial Court;


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

            trial and remain present before the Trial Court on all

            dates, unless specifically exempted. The Applicant shall

            not seek unnecessary adjournments. Any such conduct

            shall entitle the prosecution to apply for cancellation of

            bail;


        (v) The Applicant shall not leave the State of Maharashtra

            without the prior permission of the Trial Court and he

            shall deposit his passport with the Trial Court on his

            release;


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

            or tamper with the evidence in any manner;


        (vii) The Applicant shall keep the Investigating Officer

            informed of his current residential address and mobile

            telephone number and shall forthwith inform the

            Investigating Officer of any change in his residential


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                 address or mobile telephone number, as and when such

                 change occurs;


           (viii) The Applicant shall not enter the jurisdiction of the

                 Dighi Police Station, Pune except for recording his

                 attendance as directed;


           (ix) Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


6.      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.


7.      The Bail Application No. 3394 of 2026 is allowed and disposed

of in the above terms.



                                                  (MILIND N. JADHAV, J.)




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