BA 904/25 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 932 BAIL APPLICATION NO. 904 OF 2025 ARJUN RAHNATH AAVHAD VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicant : Mr. Deshpande Chaitanya Chandrakant APP for Respondent/State : Mr. G.O. Wattamwar Advocate for Respondent 2 : Mr. C.B. Chaudhari ... CORAM : ARUN R. PEDNEKER, J. DATE : 22/07/2025 P.C. : 1. Heard the learned counsel for the applicant, the learned APP for the respondent-State and Mr. C.B. Chaudhari, learned advocate appearing for respondent No. 2. 2. The applicant is seeking bail as he is arrested in connection with Crime No. 78/2021 dated 3.6.2021 registered with West Deopur Police Station, District Dhule for the offences punishable under sections 363, 366, 376(2)(I), 34 of I.P.C. and section 4 and 8 of the Protection of Children From Sexual Offences Act, 2012. 3. This matter has chequered history. For the present, it is suffice to say that the applicant was granted regular bail in the present crime vide order dated 30.10.2021 below Exh. 13 in Special Case No. 79/2021 by the learned Additional Sessions Judge, Dhule and applicant was directed to reside out of Dhule city till conclusion of the trial. It is stated that while applicant was on bail in this crime, original complainant has filed application below Exh. 40 in Special Case No. 79/2021 dated 5.2.2022 for cancellation of bail on the ground that he has committed a breach of order of bail dated 30.10.2021 and the same was also contested by the applicant. It is stated that while applicant 2025:BHC-AUG:19141 BA 904/25 2 was on bail and residing at Khed, outside Dhule city, during that period the victim has again joined the company of the applicant at Khed. At that time also victim was still minor and again similar kind of allegations were made against the applicant and Crime No. 42/2024 came to be registered at Khed Police Station, District Dhule for the similar offences. In that crime also the applicant came to be arrested and was released on bail by the learned Special Judge, Pune vide order dated 26.7.2024 in Cri. Bail Appln. No. 439/2021 by observing at para No. 5 as under :- “5- ojhy dFkus ikgrk lnj vtZnkjkfo:/n fiMhrsyk iGowu usys vlk vkjksi vlyk rjh ,danjhr dFkus ikgrk fiMhrk gh Lor% vkjksihcjkscj xsysyh fnlwu ;srs- xqUg~;kpk rikl vtwu iw.kZ >kysyk ukgh- fiMhrsps o; 16 o’ksZ vkgs- Eg.kts frus ts dkgh d`R; dsys vkgs R;kps ifj.kke rh letw “kdsu vls frps o; vkgs- f”kok; lnj vtkZl frus fojks/k n”kZfoysyk ukgh- rlsp vtZnkj o fiMhrk ;kaps izselaca/k vkgsr- v”kk ifjfLFkrhr vtZnkjkl dkgh vVhoj tkehu eatwj dj.ks ;ksX; gksbZy- ;ko:u iq<hy vkns”k dj.;kr ;srks %&” 4. As the applicant has not attended Sessions Court Dhule in the present crime, N.B.W. was issued against the applicant. At that time, applicant was in custody in the crime registered at Khed Police Station. After execution of N.B.W. the applicant was produced before the Sessions Court Dhule in which applicant has filed application for cancellation of N.B.W. below Exh. 100. The learned Sessions Judge, Dhule while deciding application of applicant below Exh. 100 has also taken up for hearing the application of informant below Exh. 40 filed for cancellation of bail. Thereafter, learned Sessions Judge, Dhule has rejected the application, Exh. 100 filed by the applicant for cancellation of N.B.W. vide impugned order and did not pass any order below Exh. 40. In para 6 and 7, the learned Sessions Judge has observed as under :- “06) On perusal of the record it appears that the offence is on BA 904/25 3 registered on 03.06.2021. Accused No. 1 was arrested 13.06.2021. He was released on 30.10.2021. He is brought in execution of N.B.W. and he is in M.C.R. since 21-12-2024. 07) Upon perusal of the case record and after hearing both sides, it is evident that the accused No. 1 has violated the conditions of the bail granted earlier. The accused, having been given an opportunity to remain on bail, has shown disregard for the orders of this Court. Such conduct reflects a lack of respect for the rule of law and undermines the judicial process. As per the own contention of the accused No. 1 offence was registered against him in Khed Police Station bearing CR No. 42/2024 in which he was arrested and released on bail on 26/07/2024. This complaint is pertaining to kidnapping the victim and committing sexual assault on her. That means there is commission of another offence of similar nature. Further there are complaints against him that he is threatening the complainant and the panch witness Chandrakant Shenpadu Patil. Considering the gravity of the violation and the likelihood of the accused repeating similar acts if released, this Court is not inclined to grant bail to the accused at this stage. Hence following order is passed.” 5. The Trial Court has particularly observed that when the applicant was on bail, he has violated the conditions of bail and kidnapped the victim and committed sexual assault and as such, he has committed another similar kind of offence and therefore, the learned Sessions Judge, Dhule has rejected the application, Exh. 100 by the applicant filed for cancellation of N.B.W. 6. The learned counsel for the applicant submits that while applicant was on bail, he was contacted by the victim and she came on her own and has started residing with applicant at Khed. In that regard, para 5 of the order passed by the learned Special Judge, Pune is relevant. The learned counsel submits that victim would complete 18 years of age in the month of December 2025 and she has age of understanding. The learned counsel submits that though the applicant tried to avoid the company of victim, the victim herself came to the applicant at Khed and as such, no offence is committed by the the BA 904/25 4 applicant. 7. Per contra, the learned counsel appearing for respondent No. 2 i.e. parent of the victim submits that applicant had violated the conditions of bail granted in this crime by kidnapping the victim, who is minor and as such creating difficult circumstances for them. The learned counsel further submits that similar kind of offence is also registered against the applicant at Khed Police Station vide crime No. 42/2024 wherein it is alleged that the applicant and co-accused have assaulted one of the witness in the present crime. The learned counsel therefore prays for rejection of the application. 8. In response to above allegations, the learned counsel for the applicant submits that allegation against the applicant in that crime registered at Khed Police Station is that he has assaulted the witness by fist blows. 9. Having considered the rival submissions and having perused the police papers, it appears that the applicant was brought in execution of N.B.W. before the Sessions Court as he was not attending the court. Since 21.12.2024 the applicant is behind bars. Considering the age of the applicant and the victim, who is having age of understanding, I deem it appropriate to release the applicant on bail on some stringent conditions. 10. In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 78/2021 dated 3.6.2021 registered with West Deopur Police Station, District Dhule for the offences punishable under sections 363, 366, 376(2)(I), 34 of I.P.C. and section 4 and 8 of the Protection of Children From Sexual Offences Act, 2012, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant shall not visit Dhule district except on the date of BA 904/25 5 trial and the applicant shall stay away from the victim. c] The applicant, upon being released on bail, shall not contact the informant or witnesses in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing. e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case. f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 11. Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 12. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove. 13. The application stands disposed of. [ARUN R. PEDNEKER, J.] SSC/