Bombay High Court
NITIN KESHAV WAGHMAREversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Allowed
- Bench
- NITIN B SURYAWANSHI
Holding
Bail was granted to the accused.
Summary
The applicant, Nitin Keshav Waghmare, was arrested for kidnapping a minor and establishing physical relations with her, alleged under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR was lodged on 22 November 2024 and the applicant was detained on 1 June 2025. The charge‑sheet has been filed and the case is listed as Special Case No. 17 of 2025, with no witnesses examined so far. The court considered that the trial is unlikely to conclude soon and that continued pre‑trial detention was not justified. Accordingly, the bail application was allowed, releasing the applicant on a personal bond of Rs. 15,000 with one surety, subject to conditions not to tamper with evidence, not to enter certain jurisdictions, and to attend trial regularly.
Issues considered
- Whether bail should be granted to the accused under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the offence and the stage of the trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2)
Subjects
- bail
- kidnapping
- sexual assault
- minor
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
1
64-BA-3485-2025 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3485 OF 2025
Nitin Keshav Waghmare ...Applicant
Versus
The State Of Maharashtra And Another ...Respondents
Ms. Pallavi Kante for the applicant
Mr. Anand S. Shalgaonkar APP for the State
Ms. Vaishnavi Swami for respondent no. 2
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 8th JANUARY 2026.
P.C.
1. By this application, the applicant seeks bail in Crime No.
449 of 2024 registered with Atpadi Police Station, District Sangli for
the offence punishable under Sections 137 (2) of Bhartiya Nyaya
IRESH
MASHAL Sanhita, 2023. The F.I.R. was lodged on 22 nd November 2024 by the
Digitally signed
by IRESH
MASHAL
Date:
2026.01.08
19:46:39
uncle of the minor victim alleging that his minor niece was
+0530
kidnapped. During the course of investigation, the applicant came to
be arrested on 1st June 2025. The statement of the minor is recorded
wherein she has stated that the applicant had promised that he would
marry her and called her to Parbhani. Therefore, she accompanied
him. Then they went to various places wherein the applicant
established physical relations with her.
2. This matter appears to be of love affair. The charge-sheet is
filed in the present matter and the case is already numbered as
Iresh
2
64-BA-3485-2025 (CR).DOC
Special Case No. 17 of 2025. Charge is framed. Learned APP on
instructions from the Investigating Officer who is present in the Court
submits that no witness is examined so far.
3. Taking into consideration the peculiar facts of the case and
as the trial is not likely to conclude in the near future, there is no
propriety of pre-trial detention of the applicant.
4. In the result, the application is allowed. The applicant Nitin
Keshav Waghmare be released on bail in connection with Crime No.
449 of 2024 registered with Atpadi Police Station, District Sangli for
the offence punishable under Sections 137 (2) of Bhartiya Nyaya
Sanhita, 2023 on furnishing Personal Bond in the sum of Rs. 15,000/-
with one surety in the like amount. The applicant shall not tamper
with the prosecution evidence. The applicant shall not enter Sangola
Taluka as well as jurisdiction of Atpadi Police Station, District: Sangli.
The applicant shall regularly attend the trial and shall not, without
sufficient cause seek adjournment in the matter.
5. Learned advocate appointed to represent second respondent
be paid fees as per schedule as expeditiously as possible.
(NITIN B. SURYAWANSHI, J.)
Iresh
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