Bombay High Court
ROHIT ALIAS GOTYA ANIL CHOUGULEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court granted regular bail to the accused subject to strict conditions.
Summary
The applicant, Rohit Anil Chougule, was charged under Section 79 of the Bhartiya Nyaya Sanhita, 2023 and Section 12 of the Protection of Children from Sexual Offences Act, 2012 for allegedly making obscene remarks towards a pregnant woman and her minor niece. The complainant alleged mental distress but no independent witnesses were produced. The applicant sought regular bail, arguing that the investigation was complete, the offence was triable by a magistrate with a maximum three‑year sentence, and further incarceration would be unjustified. The prosecution opposed bail, contending that the case was a successive offence and that the applicant might tamper with witnesses. The Court, after noting the lack of independent evidence and the possibility of imposing stringent conditions, allowed the bail application with a personal bond and several conditions, including non‑interference with witnesses and attendance at trial.
Issues considered
- The applicability of bail in a case involving alleged obscene remarks and a POCSO offence without independent witnesses
- Whether the alleged successive nature of the offence disqualifies the accused from bail
- The risk of witness tampering and its impact on bail eligibility
Legislation cited
Subjects
- bail
- obscene remarks
- POCSO
- over implication
- witness tampering
- criminal procedure
- regular bail
- successive offence
Judgment
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28-BA-3722-2025 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 3722 OF 2025
Rohit Alias Gotya Anil Chougule ....Applicant
VERSUS
The State Of Maharashtra And Anr. ....Respondents
Mr. Nakul Vivek Shukla i/b Mr. Jayant Bardeskar, Advocate for
Applicant
Mr. Rajvardhan S. Chougule (appointed through Legal Aid) for
respondent no. 2
Mr. C. D. Mali, APP for the State
Ms. Pallavi Yadav, API, Hatkanangale Police Station
CORAM : SACHIN S. DESHMUKH, J.
DATE : 4th MARCH 2026.
P.C.
1. The applicant seeks regular bail in connection with C.R. No.
178 of 2025 dated 15/04/2026 registered with Hatkanangale Police
Station, District Kolhapur for offences punishable under Sections 79
of Bhartiya Nyaya Sanhita, 2023 and Section 12 of The Protection of
Children from Sexual Offences Act, 2012.
2. Prosecution case is, Complainant, Komal Rahul Shinde, a
homemaker residing at Laxminagar, Rukadi, Taluka Hatkanangale,
District Kolhapur, lodged a complaint at Police Station stating that she
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resides at the aforementioned address with her mother-in-law, Smt.
Akkatai Anil Shinde, and her husband, Anil Shinde, who is employed
in fabrication work. The Complainant further stated that her niece,
Sakshi Vikas Lokhande aged resides in the same lane with her
parents, Varsha and Vikas, and her brother, Pratik. Their neighbor,
Rohit Anil Chougule, is also a resident of the same locality and is
known to them. On 14/04/2025, the complainant, who was five
months pregnant at the time, visited 'Sai Clinic' in Rukadi for a
routine medical check-up accompanied by her niece. After completing
the check-up around 09:30 PM, while returning to home, upon
reaching Shivaji Chowk, encountered the neighbor, Rohit Anil
Chougule, accompanied with his friend, Shashikant Kabir Chavan. As
the Complainant and her niece approached, the accused pointed
toward them with obscene remark to his friend.
3. The complainant stated that these vulgar remarks caused
deep mental distress and intending to insult the modesty of both
herself and her minor niece. Following the comment, the accused left
the scene with his friend. Thereafter, she lodged a complaint against
the present applicant.
4. Learned counsel for the applicant submits that the applicant
is arrested since 15/04/2025. Investigation is completed. There are
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no independent witnesses to the alleged incident. The offence is
triable by the Magistrate and the maximum punishment that could be
awarded is three years.
5. Per contra, learned APP and learned counsel appearing for
respondent no. 2 vehemently opposed the application submitting that
this is a successive offence of a similar nature which disentitle the
applicant to be admitted to the bail.
6. Upon hearing learned counsel for the applicant, learned APP
and learned counsel for respondent no. 2, prima facie it appears to be
the case of over implication, in absence of any independent witness to
the alleged incident. In any case, investigation is completed for all
intent and purpose and charge-sheet is filed. As such, further
incarceration of the applicant would be unjustified. As far as the
apprehension expressed by the learned A.P.P. in relation to tampering
prosecution witnesses is concerned, the same can be adequately taken
care of by imposing stringent conditions. Hence, the order:-
ORDER
(i) The bail application is allowed.
(ii) Applicant, Rohit Alias Gotya Anil Chougule be released on bail,
on furnishing P.R. bond in the sum of Rs.50,000/- (Rs. Fifty
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Thousand) with one or two local solvent sureties, in the like
amount, in connection with C.R. No. 178 of 2025 dated
15/04/2026 registered with Hatkanangale Police Station,
District Kolhapur for offences punishable under Sections 79 of
Bhartiya Nyaya Sanhita, 2023 and Section 12 of The
Protection of Children from Sexual Offences Act, 2012 on the
following conditions :-
(a) The applicant shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.
(b) The applicant shall attend the trial on each and every date
unless exempted by the trial Court
(c) The applicant shall submit Aadhar and Pan Cards to the
Investigating Officer and detailed address and phone
numbers and two of the near relatives.
(d) In case of breach of any of the conditions by the applicant,
it is open for the Prosecution to move to the concerned
Court seeking cancellation of bail, notwithstanding the
fact that this Court has granted bail.
(e) Professional fees to be paid to learned counsel appointed
through Legal Aid for respondent no. 2 as per Rules.
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(iii) Needless to state that the observations rendered herein are to
the extent of this application and the trial Court shall not be
influenced by the same.
(SACHIN S. DESHMUKH, J.)
Digitally signed
IRESH by IRESH
MASHAL
MASHAL Date: 2026.03.05
19:12:35 +0530
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