1 33. BA 1165 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1165 OF 2026 PRAFUL ANIL SAPKAL VERSUS STATE OF MAHARASHTRA THR PSO., PS JALGAON JAMOD, DIST. BULDHANA AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V. Sirpurkar, Advocate for Applicant. Mr. H.R. Dhumale, APP for Non-Applicant No.1-State. Ms. K.S. Pathe, Advocate (Appointed) for Non-Applicant No.2. CORAM : M.M. NERLIKAR, J. DATED : 07th OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned Counsel appearing for non-applicant No.2 as well as learned APP for the State. 2. By this application, the applicant is seeking bail in connection with Crime No.305 of 2026, registered with Police Station Jalgaon Jamod, Dist. Buldhana, for the offences punishable under Sections 74, 75 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 2026:BHC-NAG:13368 2 33. BA 1165 of 2026.odt 3. The brief facts of the prosecution case are that the first information report was registered by the father of the victim alleging that on 07.05.2026, at about 05.30 p.m., the victim went to purchase Pepsi at the shop of the applicant. After some time, the victim returned home sobbing and told the informant that the applicant, under the pretext of hand injury, asked her to take Pepsi on her own from the house/shop and the applicant took the victim inside the house and allegedly he removed her clothes and asked her to touch his private part. Hence, the FIR. 4. Learned Counsel for the applicant submits that though the allegations against the applicant are serious in nature, however, the maximum punishment provided is upto five years of imprisonment. He submits that the applicant is behind bars since 07.05.2026 and therefore, he submits that considering the punishment provided, the applicant deserves to be granted bail. 5. On the other hand, learned APP and learned Counsel appearing for the victim vehemently opposed the application and submitted that the applicant is of 23 years of age and the victim is of 07 years of age. They submit that the applicant took the victim inside the house, removed her clothes and asked her to touch his private part and even made the victim to sleep on the bed. However, she rescued 3 33. BA 1165 of 2026.odt herself from the clutches of the applicant and ran away. Therefore, they prayed to reject the application as the victim is a tender-aged girl. 6. I have considered the submissions of both the sides. So far as the allegations are concerned, prima facie, no doubt, those appears to be serious in nature. The incident occurred on 07.05.2026. It is alleged that the applicant is running the shop and the victim went to his shop for purchasing Pepsi, however, the applicant disclosed that he is unable to give Pepsi to her as his hand was injured and therefore, asked her to take the same on her own from the house. Accordingly, she went inside, where he outraged her modesty. Considering the fact that the maximum punishment provided is upto five years and now the investigation is over and charge-sheet is filed and the applicant is behind bars since 07.05.2026, I am inclined to grant bail to the applicant. Hence, following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Praful Anil Sapkal, be released on bail in connection with Crime No.305 of 2026, registered with Police Station Jalgaon Jamod, Dist. Buldhana, for the offences punishable under Sections 74, 75 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, 4 33. BA 1165 of 2026.odt on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. vi) Pending applications, if any, stand disposed of. 7. The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. 8. Fees of the appointed Counsel be quantified as per Rules by the High Court Legal Services Sub Committee, Nagpur. (M.M. NERLIKAR, J.) asd