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2025 DAILYLAW 21780 (BOM)

AJAY RAJABHAU BHABAD v. THE STATE OF MAHARASHTRA

BA/1259/2025 · 2025-07-31

Shri Arun R Pedneker

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 915 BAIL APPLICATION NO. 1259 OF 2025 Ajay Rajabhau Bhabad VERSUS The State Of Maharashtra ... Advocate for Applicant : Mr. Thombre S. S. APP for Respondents-State: Mr. G. O. Watamwar Advocate for Respondent No.2 : Mr. Akshay Jagtap h/f Mr. A. N. Nagargoje ... WITH CRIMINAL APPLICATION NO. 2821 OF 2025 IN BA/1259/2025 ... CORAM : ARUN R. PEDNEKER, J. Dated : July 31, 2025. PER COURT :- 1. Criminal Application No.2821 of 2025 is filed for Assist to learned APP. Said application is allowed and disposed of. 2. Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to learned APP. 3. The applicant is seeking bail as he was arrested in connection with FIR No.0337/2025, dated 23/05/2025, registered with Gevrai Police Station, Gevrai, Taluka Gevrai, District Beed, for the offences punishable under sections 74, 78, 356, 115(2), 352, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023, and under Section 67, 67-A of the Information Technology Act. 4. It is stated that the applicant was acquainted with the victim and that they had taken photographs together. Subsequently, it is alleged that after the informant’s marriage was fixed, the applicant used those photographs, Page 1 of 4 2025:BHC-AUG:20224 915 BA 1259-2025 morphed them, and threatened the victim that he would make them viral. 5. Later, the said morphed photographs were sent to the groom’s family, leading to the dissolution of the victim’s marriage. Following the registration of the FIR, the applicant was arrested and taken into custody on 04/06/2025. The applicant’s mobile phone was also seized, and the investigation is now nearly complete. 6. The learned Counsel for the applicant submits that both parties are known to each other. He contends that there was no incident of sexual assault in any form. The applicant is in custody for a considerable period. The counsel further submits that no further attempts have been made by the applicant to circulate or morph photographs. He also undertakes that the applicant shall not contact the informant or interfere with the witnesses. Moreover, the applicant assures the Court that he will not engage in any future acts of morphing or circulating photographs. 7. On the other hand, the learned APP and the learned Counsel assisting the APP oppose the bail application. They argue that the victim’s marriage was dissolved solely due to the applicant’s act of circulating morphed photographs and express concern that, if released on bail, the applicant may again contact the informant and cause further harm. Page 2 of 4 915 BA 1259-2025 8. Having considered the submissions of both sides, the Court is of the view that the applicant can be granted regular bail, subject to stringent conditions. The applicant shall not morph or circulate any photographs of the victim in any manner and shall not attempt to contact the informant or any witnesses in the case. Accordingly, the applicant is granted regular bail, subject to the conditions mentioned herein. 9. In view of the above, the application is allowed in the following terms: - a] The applicant shall be released on bail in connection with FIR No.0337/2025, dated 23/05/2025, registered with Gevrai Police Station, Gevrai, Taluka Gevrai, District Beed, for the offences punishable under sections 74, 78, 356, 115(2), 352, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023, and under Section 67, 67-A of the Information Technology Act, on furnishing PR bond of Rs.25000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and Page 3 of 4 915 BA 1259-2025 other persons concerned with the case. e] 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. F] The applicant shall not morph any photographs in any manner and shall not circulate or make viral any photographs taken with the victim. 10. 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. 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. 11. The application stands disposed of. ( ARUN R. PEDNEKER, J. ) vj gawade/-. Page 4 of 4