Bombay High Court
SURESH BAJIRAV JAGTAPversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to accused No.2, Suresh Bajirav Jagtap, subject to the conditions imposed by the Court.
Summary
The High Court considered a bail application under Section 439 of the Criminal Procedure Code filed by Suresh Bajirav Jagtap, accused No.2 in a case involving alleged sexual offences under IPC Section 376(2)(N) and POCSO Act Sections 4(M), 5(N) and 6. The original FIR and the prosecutrix’s first statement implicated only accused No.1, describing a consensual relationship, while a supplementary statement recorded a year later added accusations against accused No.2 amid a family feud. The DNA report linked only accused No.1, providing no forensic evidence against accused No.2. The court observed that the prima facie material did not substantiate a case of complicity by accused No.2 and therefore granted bail with strict conditions, emphasizing that the order was limited to bail and not a determination on the merits. The bail was conditioned on a personal bond, sureties, regular reporting to the police, non‑interference with witnesses, and restrictions on travel.
Issues considered
- What is the appropriate exercise of discretion under Section 439 CrPC in granting bail to an accused charged with offences under IPC 376(2)(N) and POCSO Act?
- Does the supplementary statement and alleged family feud constitute sufficient grounds to deny bail to accused No.2?
- How does the absence of DNA evidence linking accused No.2 affect the bail decision?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code, 1860 — s. 376(2)(N)
- Protection of Children from Sexual Offences Act, 2012 — s. 4(M), 5(N), 6
Subjects
- bail
- Section 439 CrPC
- IPC 376(2)(N)
- POCSO Act
- sexual offences
- supplementary statement
- DNA evidence
- high court
Judgment
44.BA.3785.2025.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3785 OF 2025
Suresh Bajirav Jagtap .. Applicant
Versus
State of Maharashtra and Anr. .. Respondents
....................
Ms. Shubhangi Parulekar, Advocate for Applicant.
Mr. Amit A. Palkar, APP for Respondent No.1 – State.
Mr. Nikhil Maneshinde, Advocate for Respondent No.2.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 07, 2026.
P.C.:
1. Heard Ms. Parulekar, learned Advocate for Applicant; Mr.
Palkar, learned Advocate for Respondent No.1 – State and Mr.
Maneshinde, learned Advocate for Respondent No.2 – State.
2. At the outset, Mr. Maneshinde, learned Advocate for the
Respondent No.2 / prosecutrix persuades me to allow him to file his
Vakalatnama. The Bail Application has been heard fully and disposed
by this order. Advocate for Respondent No.2 is permitted to file
Vakalatnama which shall be accepted by the Registry/Department
within a period of two weeks from today otherwise.
3. This is an Application under Section 439 of the Criminal
Procedure Code, 1973 seeking bail in connection with C.R.No.318 of
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2022 registered with Lonikand Police Station, District Pune for
offences punishable under Section 376(2)(N) of Indian Penal Code,
1860 (for short ‘IPC’) and under Section 4, (M), 5(N) and 6 of the
Protection of Children from Sexual Offences Act, 2012 (for short
‘POCSO Act’).
4. Applicant before me is arraigned as Accused No.2 in the
present case. Date of the incident is sometime in December 2021 as
alleged by the prosecutrix. The report came to be filed against Accused
No.1 who is the neighbour of the prosecutrix. The mother of the
prosecutrix is the First Informant. Statement of the prosecutrix initially
indicts only accused No.1. Insofar as the case made out by the
prosecution as well as the prosecutrix's statement qua accused No.1 is
concerned, the admitted fact is that they were both in a love
relationship and therefore the incident in question is stated to be
consensual in nature. Prosecutrix’s own statements show consensual
relationship between parties in the house of Accused No.1 when no
one was around.
5. Needless to state that one of the issues which the prosecutrix
has raised is with regard to her consent having been obtained by fraud
by Accused No.1 on the basis of a promise to marry her. That
undoubtedly will be proven in the trial qua the Accused No.1 who is
not before this Court. Insofar as indicting accused No.2 is concerned, it
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44.BA.3785.2025.doc
is on the basis of a supplementary statement of the prosecutrix
recorded on 19.12.2022 one year after the date of the incident, copy of
which is appended at page No.43. In the supplementary statement, in
unnumbered paragraph No.4, the prosecutrix has improved upon her
version qua the indictment of Accused No.2 and has also roped him in
the offence. A prima facie reading of the said paragraph shows that
there are three to four specific allegations and incidents mentioned
therein which could not have escaped the prosecutrix’s attention and
which she could have stated when she lodged the first FIR on
19.06.2022 and may be even thereafter when her statements were
recorded. That is not so. Until 19.12.2022, the case is directed only
against the Accused No.1. Accused No.2 is a relative of the family of
prosecutrix. Family feud between the mother of prosecutrix and
Accused No.2 is prima facie evident from the recorded statements.
6. Insofar as another piece of vital prima facie evidence namely
the DNA report is concerned, Ms. Parulekar has brought the same to
my notice. A copy of the DNA report is appended at page No.79 of the
Application. The DNA report is positive qua Accused No.1 only. In
such prima facie facts and circumstances of the present case, insofar as
Accused No.2 is concerned, he has made out a case for grant of bail
and his release on bail. Needless to state that the complicity of Accused
No.2 shall be proven during trial in accordance with law.
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7. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Accused No.2 – Suresh Bajirav Jagtap is
directed to be immediately released from prison in
connection with CR. No.318 of 2022;
(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 sureties of the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Lonikand Police Station, once every month, on the first
Monday 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) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
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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 their current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in their residential
address or mobile telephone number, as and when such
change occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
8. 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.
9. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.07
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19:14:13 +0530
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