81-BA-805-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 805 OF 2026 Ganesh Shankar Kore ...Applicant Versus. The State of Maharashtra And Ors. ...Respondents ----- Mr. Prabodhan Jadhav, Advocate for the Applicant. Mr. S. H. Yadav, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 22nd September, 2026. P.C. : 1. This Application is listed at Serial No. 81 of the “Daily Causelist”. At 10:30 am, Mr. Prabodhan Jadhav, learned Advocate for the Applicant, requested that this Application be taken up out of turn. In view of the request made by Mr Prabodhan Jadhav, learned Advocate for the Applicant, and with the consent of Mr S. H. Yadav, learned APP for the Respondent – State, this Application was taken up out of turn at 6:30 pm. 2. By this Application, the Applicant seeks Regular Bail in connection with C.R. No. 454 of 2021, registered with the M.I.D.C. Police Station, District Solapur, for offences punishable under Sections 376(2)(1), 376(D), and 506 read with Section 34 of the Indian Penal Code, 1860. Arjun 1 81-BA-805-2026.doc 3. Mr. Prabodhan Jadhav, learned Advocate for the Applicant, states that there are two (2) Accused in Crime No. 454 of 2021, the Applicant being Accused No. 2. He states that Crime No. 454 of 2021 is registered as Sessions Case No. 160 of 2021 and is pending on the file of the Additional Sessions Judge, Solapur (“Trial Court”) 4. The prosecution case is that the Applicant and the co-accused sexually assaulted Respondent No. 2 – the Victim, taking advantage of her disability. 5. Mr. Prabodhan Jadhav, learned Advocate for the Applicant, submits that the Applicant seeks bail on the ground of parity. He submits that Accused No. 1 (Sohel Imamsab Attar), against whom the allegations in Crime No. 454 of 2021 are similar to those against the Applicant, has been released on bail by this Court vide order dated 18.04.2026. He submits that Respondent No. 2 – Victim – has passed away on 23.11.2025. He submits that since Accused No. 1 has been released on bail, the Applicant is entitled to bail on the ground of parity. 6. Mr. S. H. Yadav, learned APP for the Respondent – State, submits that as the allegations against the Applicant and Accused No. 1 (Sohel Imamsab Attar) are similar in Crime No. 454 of 2021, the Applicant’s Arjun 2 81-BA-805-2026.doc case can be considered on the ground of parity. However, he refers to the order dated 14.06.2022, passed by this Court in Bail Application No. 75 of 2022, rejecting the Applicant’s request for bail. He further refers to the order dated 06.05.2026, passed by this Court in Bail Application No. 376 of 2026, rejecting the 2nd Bail Application filed by the Applicant. 7. The record was perused with the assistance of the learned Advocates for the parties. 8. The order dated 06.05.2026, passed by this Court in Bail Application No. 376 of 2026, filed by the Applicant, is set out below: 1. The learned A.P.P. for the respondent, on instructions, submits that the trial is on the verge of conclusion. 2. In view of the same, the learned counsel for the applicant seeks leave to withdraw this application, with liberty to approach this Court again if the trial is not concluded within three months. 3. Accordingly, the bail application is dismissed as withdrawn with the aforementioned liberty. 9. Accused No. 1 (Sohel Imamsab Attar), against whom the allegations in Crime No. 454 of 2021 are similar, has been released on bail by this Court vide order dated 18.04.2026, passed in Bail Application No. 268 of 2026 (Exhibit F, page nos. 89 to 92 of the Arjun 3 81-BA-805-2026.doc Application paperbook) Mr. Prabodhan Jadhav, learned Advocate for the Applicant, refers to paragraph nos. 4, 5, 6 and 7 of the order dated 18.04.2026 which are transcribed herein below in verbatim :- 4. Per contra, learned APP and learned Advocate for Respondent/victim opposed the application submitting that the offence is serious in nature. The applicant along with co-accused has repeatedly committed sexual assault against the handicapped victim. An apprehension is also expressed that if the applicant is enlarged on bail, there is every possibility of applicant fleeing away or influencing the victim. Hence, prayed to reject the application. 5. Having heard the submissions from the respective sides and upon perusal of the record including charge-sheet prima facie indicate that there is unexplained delay in lodging the FIR. There are general allegations against the applicant. Further, there is no eye witness to the alleged incident. Perusal of the medical report indicates no injuries on the body of the victim. 6. Further perusal of the record indicates that the victim in her supplementary statement has improvised the allegation of the applicant threatening to kill her and parents. Thus, prima facie the possibility over implication cannot be ruled out. 7. Nevertheless, the investigation is complete for all intent and purpose, resultantly, the charge-sheet is filed. Having regard to the age of the applicant and his period of detention from his arrest on 19.07.2021 which for more than 4 years and 9 months, in my considered opinion may amount pre-trial detention, which is neither justified nor warranted. Hence, I am inclined to exercise the discretion in favour of the applicant. 10. The trial in Sessions Case No. 160 of 2021 will take some time to conclude. Accused No. 1 was released on bail in respect of similar allegations to those made against the Applicant. No material has been placed on record to show any distinguishing circumstances that would Arjun 4 81-BA-805-2026.doc warrant this Court taking a different view in the case of the Applicant. Mr. Prabodhan Jadhav, learned Advocate for the Applicant, is therefore justified in seeking bail on the ground of parity. 11. In view of the above and considering that the Applicant has been in jail since 19.07.2021, i.e. almost 5 years and 2 months, continuation of the Applicant's detention in Crime No. 454 of 2021 is not warranted. This Application is therefore allowed on the following conditions :- (a) The Applicant in Crime No. 454 of 2021, dated 19.07.2021, registered with M.I.D.C. Police Station, Solapur, shall be released on bail upon furnishing a PR bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two sureties in the like amount, to the satisfaction of the Trial Court in Sessions Case No. 160 of 2021. (b) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence Arjun 5 81-BA-805-2026.doc in any manner. (c) The Applicant shall, within three (3) days of his release, provide the Investigating Officer at MIDC Police Station, Solapur, with his residential address and proof thereof, his contact number and must inform the Investigating Officer of any changes to this information from time to time. (d) The Applicant shall regularly appear before the Trial Court, in Sessions Case No. 160 of 2021, whenever the matter is fixed, unless specifically exempted. If the Applicant absents himself from appearing before the Trial Court on the date fixed, the same would be considered as a breach of condition and the Trial Court would be at liberty to pass appropriate orders. 12. Bail Application No. 805 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 6 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.22 21:24:45 +0530