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Bombay High Court
Pralhad Karbhari Ghugare vs The State Of Maharashtra And Anr on 12 August, 2025
2025:BHC-AS:35108
15-BA-4404-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4404 OF 2024
Mr. Pralhad Karbhari Ghugare ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
__________
Mr. Kuldeep U. Nikam a/w Mr. Om N. Latpate, learned Advocates for the
Applicant.
Ms. Madhavi H. Mhatre, learned A.P.P. for the State/Respondent.
Mr. Yuvraj R. Dhole, learned Advocate for Respondent No. 2.
PSI Ms. Manisha Jadahv attached to Chaturshringi Police Station, Pune
City is present in the Court.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 12th AUGUST 2025.
P.C. :
1. Heard Mr. Kuldeep Nikam, learned Advocate for the
Applicant, Ms. Madhavi Mhatre, learned A.P.P. for the
State/Respondent and Mr. Yuvraj Dhole, learned Advocate for
Respondent No. 2.
2. By the present Application filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short), the
Applicant is before this Court seeking regular bail in connection
with Crime No. 757 of 2023 registered with Chaturshringi Police
Station, District-Pune City for the offences punishable under
Sections 376, 376(2)(n), 376(3), 354-D, 506, 506(II) and 323 of
the Indian Penal Code, 1860 (“IPC” for short), Sections 4, 6, 10Gitalaxmi Page 1 of 6
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15-BA-4404-2024.docand 12 of the Protection of Children from Sexual Offences Act,
2012 (“POCSO Act” for short) and Section 75 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (“Juvenile
Justice Act” for short).
3. Mr. Kuldeep Nikam, learned Advocate for the Applicant
submits that the abovesaid crime is registered as Special Case
(POCSO) No. 1260 of 2023 and is pending on the file of Additional
Sessions Judge-11, Pune.
4. Applicant is the sole accused in the present crime. First
Information Report was lodged at the instance of victim girl.
5. Case of the prosecution is that the Applicant sexually
assaulted the victim by gagging her mouth, threatening her to
commit similar act with her mother and to kill her mother as also
make viral the video of their sexual act. The incident, which is a
subject matter of the present crime, is of the year 2021. FIR was
lodged on 25th October 2023.
6. Applicant was arrested on 26th October 2023, since then he is
in jail. Criminal Bail Application at Exhibit-6 filed by the Applicant
in Special Case (POCSO) No. 1260 of 2023, was rejected by the
learned Additional Sessions Judge-11, Pune by order dated 15 th
July 2024.
7. Mr. Kuldeep Nikam, learned Advocate for the Applicant
submits that the allegations made by the victim girl are not
bonafide and not credible. He submits that the allegations are in
respect of alleged sexual assault in the year 2021, whereas the FIR
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15-BA-4404-2024.dochas been filed only in the month of October 2023. He submits that
the Applicant is the brother-in-law of victim and they reside
adjoining each other. He submits that the medical evidence of
victim girl does not support the prosecution case. He submits that
till date the charge is not framed in Special Case (POCSO) No.
1260 of 2023. He submits that the Applicant does not have any
criminal antecedents.
8. Ms. Madhavi Mhatre, learned A.P.P. for the State/Respondent
submits that the subject matter of present crime is the sexual
assault by the brother-in-law on his sister-in-law. She submits that
perhaps fear in the mind of the victim resulted in delay in filing the
FIR.
9. Mr. Yuvraj Dhole, learned Advocate for Respondent No. 2
submits that the victim girl has narrated the incident in her
complaint. He submits that there is no reason to disbelieve the
statement of victim atleast at this stage.
10. I have perused the records with the assistance of learned
Advocates of the parties.
11. Charge-sheet reveals that the incident alleged in the present
crime, is of the year 2021. Complaint is filed on 25 th October 2023,
i.e., almost after 2 years. There is no explanation for the delay in
lodging the complaint. Medical Examination Report of the victim
girl, records the following opinion expressed by the examining
doctor :-
“From history of clinical examination, there is evidence
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15-BA-4404-2024.docof vaginal penetration with surface injuries multiple
horizontal of length 2 cm to 5 cm of age 4 to 5 days,
self inflicted by sharp pointed weapon. However, annal
penetration can not be ruled out.”
12. Complaint was filed on 25th October 2023 and the
supplementary statement of the victim girl was recorded on 28 th
October 2023. There is some inconsistency in the said statements
of the victim, as pointed out by Mr. Kuldeep Nikam, learned
Advocate for the Applicant.
13. Considering the nature of allegations and the material on
record, which includes the Medical Examination Report,
incarceration of the Applicant as an under-trial pending the trial is
not warranted.
14. Ms. Madhavi Mhatre, learned A.P.P. for the State/Respondent
expresses an apprehension of the Applicant, who is a relative of
victim girl, influencing the prosecution witnesses and tampering
with the evidence, if released on bail.
15. Mr. Kuldeep Nikam, learned Advocate for the Applicant, on
instructions from the Applicant, submits that the Applicant shall
abide by all the conditions that may be imposed by this Court and
further makes a statement that till conclusion of trial in Special
Case (POCSO) No. 1260 of 2023, the Applicant shall not enter the
territorial jurisdiction of Chaturshringi Police Station, Pune City.
Statement accepted.
16. In view of the above, the present Bail Application is allowed
on the following conditions :-
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15-BA-4404-2024.doc
a. Applicant is directed to be released on bail in
connection with Crime No. 757 of 2023 registered with
Chaturshringi Police Station, District-Pune City for the
offences punishable under Sections 376, 376(2)(n),
376(3), 354-D, 506, 506(II) and 323 of the IPC,
Sections 4, 6, 10 and 12 of the POCSO Act and Section
75 of the Juvenile Justice Act on executing P.R. Bond in
the sum of Rs. 25,000/- (Rupees Twenty-five Thousand
Only) with one or two sureties in the like amount to the
satisfaction of the Additional Sessions Judge-11, Pune.
b. Applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of accusation, so as to dissuade
him from disclosing such facts to the Court or to any
police officer.
c. Applicant shall not tamper with the prosecution
witnesses and evidence in any manner.
d. Applicant upon his release, within a period of three
days from his release, shall furnish his cell phone
number and residential address with proof to the
Investigating Officer, Chaturshringi Police Station,
District-Pune City and shall keep the same updated, in
case of any change thereto.
e. Applicant shall co-operate in the conduct of the trial of
Special Case (POCSO) No. 1260 of 2023 and shall
regularly attend the hearing of the case pending on the
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15-BA-4404-2024.doc
file of Additional Sessions Judge-11, Pune, on each and
every date, unless exempted from appearance.
f. Applicant shall not enter the territorial jurisdiction of
Chaturshringi Police Station, District-Pune City, till
conclusion of the trial of Special Case (POCSO) No.
1260 of 2023.
g. Applicant shall not contact or attempt to contact the
victim/Respondent No. 2 or any of the family member
of the victim or any witness in the present crime.
17. Criminal Bail Application No. 4404 of 2024 stands disposed
of in the abovesaid terms.
[ASHWIN D. BHOBE, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2025.08.13
22:06:39 +0530
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