BA/2208/2026 of ASHISH SHRIRAM SINGH Vs STATE OF MAHARASHTRA AND ANR on 19 October 2026

1. Heard Mr. Pondkule and Mr. Bidkar, learned Advocates for Applicant and Mr. Karmakar, learned APP for Respondent.

2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R. No.645 of 2025 registered with Khadak Police Station, Pune for offences punishable under Sections 137(2), 74 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’)

3. Considering the issue between the Advocates, I have permitted both the Advocates to address the Court. Both the Advocates have addressed the Court and done a very fruitful job. They have taken me

through the pleadings and the statements which are recorded by the prosecution in the present case.

4. It is prima facie seen that the Applicant was a relative of the First Informant/Complainant and was well-settled and working in a sandwich stall, where he had also fallen prey to alcohol due to losing his own daughter. In that view of the matter, he used to be very fond of the daughter of the Informant, who was his relative. The dispute and the lis occurred when the Applicant was carrying the daughter, and it is alleged that he was attempting to kidnap her. The question of the Applicant kidnapping the daughter would not otherwise arise because he was well-settled in Govinda Sandwich Stall, where he used to work and stay and earn money for his livelihood.

5. Prima facie, on the basis of the material which is placed on record and the statements of the witnesses which are recorded, it appears that there is some sort of a misunderstanding. Be that as it may, complicity of the Applicant will be otherwise established at trial. The Applicant has made out a clear case for grant of bail. The Applicant is granted bail.

6. 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 is directed to be immediately released from

prison in connection with CR. No.645 of 2025;

(ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.10,000/- (Rs. Ten Thousand only) with one or two sureties in the like amount;

(iii) Applicant shall report to the Investigating Officer at concerned 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 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 his current residential address and mobile telephone number and shall forthwith inform the Investigating

Officer of any change in his 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.

7. 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.

8. Bail Application is allowed and disposed in the above terms.

[ MILIND N. JADHAV, J. ]