909.ba.820.25.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (BA) NO.820 OF 2025 (Akash Suresh Donadkar Vs. The State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. S. Ali, Advocate h/f Mr. F.R. Kashif, Advocate for the applicant. Mr. N.R. Rode, APP for the State. Mr. Y.S. Sodhi, Advocate for non-applicant No.2. CORAM:- URMILA JOSHI-PHALKE, J. DATED :- AUGUST 05, 2025. The reply filed by the learned Counsel for non-applicant No.2 is taken on record. 2. The applicant came to be arrested on 04.04.2024 in connection with Crime No.171/2024 registered with Police Station Kalamb, District Yavatmal for the offences punishable under Sections 354, 354(D), 376(2)(j)(n), 376(3), 313 and 315 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. The crime is registered on the basis of report lodged by the mother of the victim girl on an allegation that on 28.03.2024, as the present applicant had tried to outrage the modesty of his daughter studying in 11th Standard, and therefore, her daughter has consumed the poison. On the basis of the said report, initially the crime was registered. During investigation the statement of the 909.ba.820.25.odt 2 victim was recorded wherein the victim has alleged that the present applicant was behind her, stalking her and thereafter asked her to perform the marriage and have a relationship with him by threatening her and developed the physical relationship with her. On the basis of the said statement the crime was registered under Section 376 of the IPC. 4. Learned Counsel for the applicant submitted that as far as the allegation levelled against the present applicant is concerned are baseless. In fact, there was love relationship between both of them and out of that love relationship physical relationship was developed. Now, investigation is already completed and charge-sheet is already filed, further incarceration of the applicant is not required. In view of that, he be released on bail. 5. Learned APP strongly opposed the application and submitted that considering the statement of the victim, the offence is revealed against the present applicant. If he is released on bail he would tamper with the prosecution evidence, and therefore, the application deserves to be rejected. 6. Learned Counsel for the victim submitted that the matter is already amicably settled between the parties. 7. On hearing both the sides and on perusal of the investigation papers it reveals that there was a love 909.ba.820.25.odt 3 relationship between the victim and the present applicant. Out of that the physical relationship was developed. As far as settlement is concerned which cannot be considered at this stage. But considering now the investigation is completed and charge-sheet is filed, further incarceration of the applicant is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order: (i) The application is allowed. (ii) The applicant – Akash Suresh Donadkar in connection with Crime No.171/2024 registered with Police Station Kalamb, District Yavatmal for the offences punishable under Sections 354, 354(D), 376(2)(j)(n), 376(3), 313 and 315 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, be released on bail on executing P.R. bond of Rs.25,000/- with one solvent surety in the like amount. (iii) The applicant shall not enter into the vicinity of village Kalamb, District Yavatmal till culmination of the trial. (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted 909.ba.820.25.odt 4 with the facts of the case in any manner either personally or by way of electronic media. (v) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances. 8. The contravention of any of the condition imposed by this Court, would lead to the cancellation of bail. 9. The application is disposed of. (URMILA JOSHI-PHALKE, J.) *Divya