Bombay High Court
DEEPAK SHIVRAM MANEversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail was granted to the accused on condition of a Rs.30,000 bond, sureties, and compliance with directions not to tamper with evidence or contact witnesses.
Summary
The High Court considered a bail application filed by Deepak Shivram Mane, who is charged under Sections 137(2) and 64(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 for allegedly kidnapping and sexually assaulting a 14‑year‑old girl. The prosecution highlighted the seriousness of the offences, the victim’s minor status and a medical report supporting the allegations, while the defence argued the applicant’s lack of antecedents, his young age (23), a love‑affair claim, and the delay in lodging the complaint. The Court noted the delay, the applicant’s one‑year pre‑trial detention, and the absence of prior criminal record, and held that bail could be granted on condition of a bond and sureties, with directions not to tamper with evidence or contact witnesses. The bail was ordered with a Rs.30,000 bond and two sureties, and the applicant was directed to cooperate with the police. The order emphasized that the trial court would decide the case on its merits.
Issues considered
- Whether bail should be granted to an accused charged with kidnapping and sexual assault of a minor under the Bharatiya Nyaya Sanhita and POCSO Act despite the seriousness of the offences
- Whether the delay in lodging the complaint and the applicant’s lack of antecedents justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 64(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 12, 4, 6, 8
Subjects
- bail
- kidnapping
- sexual assault
- minor
- POCSO
- Bharatiya Nyaya Sanhita
- delay in complaint
- surety
- criminal procedure
Judgment
32-BA-4231-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.4231 OF 2025
Deepak Shivram Mane ….Applicant
Versus
The State of Maharashtra and anr. ….Respondents
_________________________________________________________________
Mr. Shailesh D. Chavan with Mr. Sachin Pawar and Mr. Rohit Kate-
Deshmukh, Advocate for Applicant.
Ms. Mahalaxmi Ganapathy, APP for Respondent No.1-State.
Mr.Piyush Toshnival, Advocate for Respondent No.2 (Appointed through
Legal Aid).
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 6th FEBRUARY, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 435 of 2024 registered with Vadgaon Nimbalkar Police Station,
District Pune, for the offences punishable under Sections 137(2) and
64(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 10 and
12 of the Protection of Children from Sexual Offences Act, 2012.
2. It is prosecution’s case that on 4th December 2024, the applicant
kidnapped the minor daughter of the first informant and sexually assaulted
her on the promise of marriage.
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
3. It is contention of learned counsel for the applicant that the
SHANKAR KADAM
KADAM Date:
2026.02.10
16:03:38
+0530 applicant is behind bars for more than one year. There was love affair
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32-BA-4231-2025 (CR).doc
Shubhada S Kadam
between the applicant and the victim and the victim had voluntarily gone
with the applicant. There is delay in lodging the complaint. Hence,
requested to allow the application.
4. It is contention of learned APP that the victim was around 14
years old and the applicant was aware of her age. The medical report
supports the prosecution’s case. Hence, requested to reject the application.
5. I have heard all learned counsel and perused the documents.
There is delay in lodging the complaint. The applicant was 23 years old at
the time of the incident. The applicant has no antecedents. He is behind
bars for more than one year. It may take time to conclude the trial.
Considering these facts, I pass following order L
ORDER
(i) The applicant be enlarged on bail in Crime No. 435 of 2024
registered with Vadgaon Nimbalkar Police Station, District
Pune, on executing P.R.Bond in the sum of Rs.30,000/- with
one or two sureties in the like amount.
(ii) The applicant shall attend the concerned police station as and
when required.
(iii) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
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Shubhada S Kadam
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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