Taps Nandadulai Ghosh v. State Of Maharashtra Thr Ps Sitabuldi Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 66 OF 2025 Shubham Dilip Korane ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
....
Mr. Shekhar Ingawale, Advocate for the Applicant. Mr. C. D. Mali, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE : 09th MAY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.793 of registered at Shahupuri Police Station, District : Kolhapur, for the offences punishable under Sections 75, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). 3.
It is alleged that the applicant was stalking and threatening victim that if she refused to marry him, he would
throw acid on her. The report was thus lodged and on the basis the said report on 28.05.2023, crime was registered against the applicant for the offences punishable under IPC and POCSO Act. The applicant was arrested and later released on bail. It is alleged that thereafter the applicant started threatening the victim to withdraw the case. It is alleged that on 11.08.2024, the applicant called the victim and threatened to kill her and her parents, if she did not withdraw the earlier case.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant submits that the applicant came to be implicated in a false case as he got bail in earlier case. It is submitted that the applicant is in jail for nine months and the trial is not likely to be concluded in the near future as it is still at the stage of framing of charge. It is submitted that the applicant is willing to stay out of Kolhapur District. It is thus submitted that the applicant may be released on bail.
6.
On the other hand, the learned A.P.P. for the
Respondent-State submits that considering the conduct of the applicant, he may not be released on bail as, if released, he may again threaten the victim.
7.
The applicant is in jail for nine months and the trial is not likely to be concluded in near future as it is still at the stage of framing of charge. Considering the said fact and as the applicant is willing to stay out of Kolhapur District, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No.793 of 2024 registered at Shahupuri Police Station, District : Kolhapur, for the offences punishable under Sections 75, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall not contact the victim;
(iv) The applicant shall not enter into the limits of Kolhapur District except to attend the dates before the Trial Court;
(v) Liberty is granted to the State and the victim to file an application for cancellation of bail, if the applicant commits breach of any of the above condition; (vi) Application stands disposed of accordingly.
(N. R. BORKAR, J.)