ba1566.25 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1566 OF 2025 Devanand Bhalchandra Makasare VERSUS The State of Maharashtra and another ... Advocate for Applicant : Mr. Rajat P. Untwal APP for Respondent No.1: Mr. P. P. Dawalkar. Advocate for Respondent No.2 : Ms. Sunita G. Sonawane. ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 16th OCTOBER, 2025. O R D E R :- 1. This is an application for grant of regular bail under section 483 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in connection with crime No. 892 of 2024 registered with Rahuri police station, District Ahmednagar for the offences punishable under Sections 74, 115(2), 119(1), 126(2), 324(6), 351(2), 351(3) and 352 r.w.3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012. 2. The informant averred in the report that on 4.8.2024 when he was proceeding to his house, he saw that the applicant was urinating on the platform of statute of Dr. Babasaheb Ambedkar. When he requested him not to do so, he told that because of the him, the 2025:BHC-AUG:29371 ba1566.25 -2- police take action against him. He caught hold his neck and abused him. At that time, the applicant and the other co-accused abused him. His relatives gathered there. Thereafter, the applicant and co- accused Baban Makasare hurled a stone at the wife of the informant. She felt ashamed, and then they snatched her gold chain and manhandled her. When the daughter of the informant was recording the incident on her mobile phone, co-accused Devanand Makasare took the handset from her and slammed it on the floor. Therefore, the report was lodged. 3. Learned advocate for the applicant submitted that the applicant has been falsely implicated in the crime. He has roots in the society. Nothing is seized from the custody of the applicant. Further custody of the applicant is not necessary. Co-accused are released on bail. The applicant has no criminal antecedents. He will not flee away from the trial. The trial will take a long period. Learned advocate for the applicant lastly prayed that the application be allowed. 4. Learned A.P.P. for the respondent-State and learned advocate for respondent No.2 have strongly opposed the application and submitted that the applicant is involved in serious crime and committed aggravated sexual assault on the daughter of the informant. The applicant is booked for serious crime. It is lastly ba1566.25 -3- prayed to reject the application. 5. Perused the report and the statements of witnesses. The co- accused are released on bail. The applicant has roots in the society. He will not flee away from the trial. The trial will take a long period. Considering the role of this applicant and particularly the rule of parity, the applicant is certainly entitled for bail on the principle that bail is rule and jail is exception. The application therefore, deserves to be allowed on certain conditions. Hence, the following order. O R D E R I. Application is allowed. II. The applicant in connection with crime No. 892 of 2024 registered with Rahuri police station, District Ahmednagar, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. (SANJAY A. DESHMUKH, J.) rlj/