5.BA.3527.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3527 OF 2026 Hanumant Limbaji Dukare .. Applicant Versus The State of Maharashtra and Anr. .. Respondents ....................  Mr. Prashant Hagare a/w. Ms. Ekta Patil, Advocates for Applicant.  Mr. Yogesh M. Nakhwa, APP for Respondent No.1 – State.  Mr. Ranjeet M. Pawar, Advocate for Respondent No.2.  PSI – Ratnadeep Bhandare, Baramati City Police Station. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026 P.C. : 1. Heard Mr. Hagare, learned Advocate for Applicant; Mr. Nakhwa, learned APP for Respondent No.1 – State and Mr. Pawar, learned Advocate for Respondent No.2. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.170 of 2026 registered with Baramati City Police Station for offences punishable under Sections 64, 74, 75 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. In the present crime, it is the prosecution case that on 28.04.2026 in between 06:45 p.m. and 07:05 p.m., Applicant and co- accused who is his wife called the prosecutrix near a public place, 1 of 4 5.BA.3527.2026.doc caught hold of her and committed indecent acts. The allegation in the First Information Report is qua both the Accused persons who are husband and wife. Contention of Applicant is that they have been falsely implicated in the present crime. The record prima facie shows there is a long standing feud between the two families. The prosecutrix is 13 years old and for the alleged indecent acts to have been committed in the open public place, it is prima facie unbelievable. 4. That apart, while granting Anticipatory Bail to the co- accused person who is wife of the present Applicant, this Court has clearly opined on the basis of the material which is placed before the Court about clear doubt having been cast upon the alleged incident and the prosecution case. 5. I have perused the material which is placed on record. Though it is vehemently argued by Mr. Pawar, learned Advocate for Respondent No.2 - First Informant that there are three witnesses who are direct eye witness to the alleged crime in question, it is extremely unfortunate that they were mere eye witnesses and did not intervene at all which therefore clearly casts a doubt upon the veracity of their statements given by such eye witnesses regarding the alleged incident in question. 6. Prima facie, at the threshold I do not have the slightest doubt that this is a fabricated case based on the material placed before me. 2 of 4 5.BA.3527.2026.doc 7. Needless to state that the prosecution will prove the complicity of the Applicant at the trial. 8. Considering the aforesaid, Applicant is released on bail subject to following conditions:- (i) Applicant – Hanumant Limbaji Dukare is directed to be immediately released from prison in connection with Crime No. 170 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Baramati City Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 3 of 4 5.BA.3527.2026.doc (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 10. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.30 10:30:07 +0530