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2025 DIGILAW 1467 (BOM)

Amol Baban Pise v. State of Maharashtra

2025-12-09

MADHAV J.JAMDAR

body2025
JUDGMENT : MADHAV J. JAMDAR, J. 1. Heard Mr. Icham, learned Counsel appearing for the Applicants in Anticipatory Bail Application No.1794 of 2025, Anticipatory Bail Application No.1465 of 2025 & Anticipatory Bail Application No.1800 of 2025, Mr. Pawar, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.1456 of 2025, Ms. Netwon, learned APP for the Respondent– State and Ms. Komal Sinha, learned Counsel appearing for the Respondent No.2 -First Informant. 2. The details of the Applicants are as under:- Sr.No. Applicants Anticipatory Bail Application Nos. Accused No 1 Amol Baban Pise ABA/1794/2025 6 2 Anil Shivaji Gunvare ABA/1456/2025 2 3 Ganesh Sarjerao Pawar ABA/1465/2025 1 4 Mahendra Dattatray Khaire ABA/1800/2025 5 3. By these applications filed under Section 482 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 (“BNSS”) the Applicants are seeking pre-arrest bail in connection with C.R. No.83 of 2025 registered on 09 th April 2025 with Malegaon Police Station, Pune Rural, Pune for the offences punishable under Sections 64(2)(m), 70(1), 61, 55, 308(2), 308(5) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 4. As per the prosecution case, the Respondent No.2- Victim was sexually assaulted. It is a prosecution case that Accused No.1- Ganesh Sarjerao Pawar in September, 2023 visited the house of the First Informant when her family members were not in the house and sexually assaulted her and taken her photographs. It is the prosecution case that by threatening that said photographs would be made viral, she was sexually assaulted on multiple occasions mainly by Accused Nos. 1 and 2 also by other Accused persons. 5. Mr. Amit Icahm and Mr. Samay Pawar, learned Counsels appearing for the Applicants submitted that the investigation is completed and charge-sheet is filed. There are no other antecedents against the Applicants. It is submitted that the relationship with Respondent No.2 is of consensual relationship and therefore pre-arrest bail be granted. Both of them submitted that the Applicants will comply with the terms and conditions imposed by this Court.. 6. On the other hand, Ms. Newton, learned APP and Ms. Sinha, learned Counsel appointed to represent the interest of the Respondent No.2, strongly oppose the Anticipatory Bail Applications. Both of them submitted that the offence is very serious where the Respondent No.2 has been sexually assaulted by threatening that her photographs would be made viral. Both of them further submitted that, therefore, the custodial interrogation is necessary. Sinha, learned Counsel appointed to represent the interest of the Respondent No.2, strongly oppose the Anticipatory Bail Applications. Both of them submitted that the offence is very serious where the Respondent No.2 has been sexually assaulted by threatening that her photographs would be made viral. Both of them further submitted that, therefore, the custodial interrogation is necessary. 7. Perusal of the record shows that a learned Single Judge granted ad-interim protection by order dated 18 th June 2025 passed in Anticipatory Bail Application No.1465 of 2025 filed by the Accused No.1- Ganesh Sarjerao Pawar and the same has been continued subsequently in other Anticipatory Applications. 8. Perusal of the record further shows that, even before a learned Single Judge granted interim protection on 18 th June 2025 on 06 th June 2025 charge-sheet was already filed. During the investigation the mobile of Accused Nos.1 and 2 has been taken into custody by the Investigating Officer and the same has been sent to Forensic Laboratory. 9. Perusal of the record shows that the allegations are very serious. However, as the investigation is completed and a learned Single Judge has already granted protection by order dated 18 th 2025 by imposing stringent conditions Anticipatory Bail Applications can be allowed. 10. Ms. Newton, learned APP and Ms. Sinha, learned Counsel appointed to represent the interest of the Respondent No.2 submit that in case this Court is granting pre-arrest bail to the Applicants, then conditions be imposed that the Applicants will not enter into Taluka- Baramati, District Pune. 11. Accordingly, Mr. Icham, learned Counsel appearing for the Applicants in Anticipatory Bail Application No.1465 of 2025, Anticipatory Bail Application No.1800 of 2025 and Anticipatory Bail Application No.1794 of 2025, on instructions of the respective Applicants submits that the Applicants would not enter into Taluka – Baramati, District- Pune and submit the particulars of address where they will be staying. Mr. Samay Pawar, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.1456 of 2025, on instructions of the Applicant submits that the Applicant will not enter Taluka- Baramati, District- Pune and submits the particulars of address where the Applicant will be staying. The details of the residential addresses supplied by the Applicants are as follows :- 12. Mr. Samay Pawar, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.1456 of 2025, on instructions of the Applicant submits that the Applicant will not enter Taluka- Baramati, District- Pune and submits the particulars of address where the Applicant will be staying. The details of the residential addresses supplied by the Applicants are as follows :- 12. For the above reasons, the following order is passed: ORDER (a)In the event of arrest of the Applicant- Amol Baban Pise (Anticipatory Bail Application No.1794 of 2025), the Applicant- Anil Shivaji Gunvare (Anticipatory Bail Application No.1456 of 2025), the Applicant- Ganesh Sarjerao Pawar (Anticipatory Bail Application No.1465 of 2025) and the Applicant- Mahendra Dattatray Khaire (Anticipatory Bail Application No.1800 of 2025) in connection with C.R.83 of 2025 registered on 09 th April 2025 with Malegaon Police Station, Pune Rural, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.50,000/- each with one or two solvent sureties each in the like amount. (b)The Applicants shall not enter Taluka- Baramati, District-Pune, except for reporting to the Investigating Officer, as and when called and for attending the trial. (c) The respective Applicants to report to respective police Stations set out in the chart in Paragraph No.11 on First Sunday of each month between 11:00 a.m. to 01:00 p.m. and the Police Inspector of the concerned Police Station to inform about the same to the Investigating Officer. (d)The Applicants shall furnish their cell phone numbers and residential addresses to the Investigating Officer and shall keep the same updated, in case of any change thereto. (e)The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (f) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (g)The Applicants shall not leave India without prior permission of the Court. 13. The Anticipatory Bail Application is disposed of accordingly. 14. This Court places on record the appreciation of the assistance rendered by Ms. Komal Sinha, learned Counsel appointed to represent the interest of the Respondent No.2. The High Court Legal Service Authority is requested pay her professional charges as per Rules.