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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

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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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
                                                                                                     5 of 5
             19:14:13 +0530


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