913-ABA-3601-2023 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 3601 OF 2023 Ajay Ramchandra Saptale …...Applicant Versus. State Of Maharashtra & Anr. …...Respondents ----- Mr. Jolly Bhutelo a/w. Ms. Vrushali Ingle Patil for Applicant. Mr. S.H. Yadav, A.P.P. for the Respondent No.1-State. Ms. Tanaya Doke, Appointed Advocate for the Respondent No.2. (Appointed under Legal Aid vide order date 28/09/2026) . Officer : API K.D. Dhere, Mangalvedha Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 30th September 2026. PER COURT : 1. Heard, Mr. Jolly Bhutelo, learned Advocate for the Applicant, Mr. Yadav, learned A.P.P. for the Respondent No.1-State and Ms. Tanaya Doke, learned Advocate for the Respondent No.2. 2. On 21st December 2023, the following order was passed : “1) Heard the learned Counsel for the applicant and the learned APP for the State. osk 1 of 4 913-ABA-3601-2023 (CR).docx 2) This is an application for pre-arrest bail in connection with CR. No. 849 of 2023, registered with Mangalvedha Police Station. Solapur, for the offences punishable under Sections 354, 354 ( ). 354(D) and Α 506 read with Section 34 of Indian Penal Code. 1860 ("the Penal Code") and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012. 3) The first informant is the grandfather of 16-year-old victim. The first informant lodged a report with the allegations that on 24th October, 2023, the victim had narrated to him that in the month of May. 2022, co-accused Rama had forced her to accompany him to the field of co- accused- Akshay Saptale. The latter had also threatened to kill the first informant and her brother in the event she did not accompany Rama. The latter had allegedly subjected her to sexual exploitation. After the act. Rama called the applicant, who also threatened the victim not to disclose the incident lest her family would be in danger. 4) The learned Counsel for the applicant submitted that the incident had allegedly occurred in the month of May, 2022. FIR came to be lodged on 26th October, 2023. There is an inordinate delay in lodging the FIR. Even otherwise, no role of sexual exploitation has been attributed to the applicant. 5) The learned APP resisted the prayer for pre-arrest bail. Prima facie, the applicant came in the frame after the alleged act of sexual exploitation of the victim by the co-accused. At best. the offence of criminal intimidation can be attributed to the applicant. 6) I am, therefore, inclined to grant interim protection to the applicant till the application is heard after providing an opportunity to hearing to the respondent No. 2. 7) Hence, the following order. :ORDER: I) Issue notice to the respondents, returnable on 31 January, 2023. II) Smt. Takalkar, the learned APP, waives notice to respondent No.1. III) Investigating Officer shall serve the respondent No. 2 and file report. IV) In the meanwhile, in the event of the arrest of the applicant in connection with CR. No. 849 of 2023. registered with osk 2 of 4 913-ABA-3601-2023 (CR).docx Mangalvedha Police Station, Solapur, for the offences punishable under Sections 354, 354 (A). 354(D) and 506 read with Section 34 of Indian Penal Code. 1860 and Sections 8, 9 and 12 of Protection of Children from Sexual Offences Act, 2012, the applicant be released on bail on executing a PR Bond in the sum of Rs.30.000/- with one or two sureties in the like amount. V) The applicant shall co-operate with the investigation and attend Mangalvedha Police Station. Solapur, on 3rd, 4th and 5th January, 2024 in between 10.00 am to 1.00 pm. and, thereafter, as and when directed by the Investigating Officer. VI) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant, victim, any of her relatives and any of the persons acquainted with the facts of the case. VII) Stand over to 31 January, 2023.” 3. Mr. Jolly Bhutelo, learned Advocate for the Applicant, states that there are three (3) accused in Crime No.849 of 2023 and that the Applicant is Accused No.3. He states that the Applicant has appeared before the Investigating Officer and has cooperated with the investigation in Crime No.849 of 2023. 4. Mr. S. H. Yadav, learned A.P.P. for Respondent No.1-State, on instructions from the Investigating Officer, submits that the Applicant has appeared before the Investigating Officer and has cooperated with the investigation in Crime No.849 of 2023. He further submits that upon completion of the investigation, the Investigating Officer has filed the charge- sheet in Crime No.849 of 2023 against the Applicant. On instructions, he osk 3 of 4 913-ABA-3601-2023 (CR).docx submits that the custodial interrogation of the Applicant is not required in Crime No.849 of 2023. 5. Ms. Tanaya Doke, learned Advocate for Respondent No. 2, submits that the offence is serious in nature and therefore, custodial interrogation of the Applicant is required. 6. Considering the statements made by Mr. Jolly Bhutelo, learned Advocate for the Applicant and Mr. Yadav, learned A.P.P. for the Respondent No.1-State, bearing in mind that the Applicant has been protected by ad- interim bail since 21st December 2023 and that there is no allegation of any breach of the bail conditions, the order dated 21st December 2023 is confirmed and made absolute in terms of paragraphs 7(iv) and 7(vi) thereof. 7. Advocate Ms. Tanaya Doke, appointed under the Legal Aid Scheme, has appeared for Respondent No. 2. Accordingly, the Bombay High Court Legal Services Committee, Kolhapur Circuit Bench, shall quantify and pay the fees of Advocate Ms. Tanaya Doke as per the Legal Aid Scheme. 8. The Anticipatory Bail Application No.3601 of 2023 is disposed. [ ASHWIN D. BHOBE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.10.01 10:47:31 +0530