28-apeal-391-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 391 OF 2026 Sanjay R. Gosavi …Appellant V/s. State of Maharashtra & Anr. ...Respondents. ………….. Mr. Bhalchandra S. Shinde for the Appellant. Mr. V.N. Sagare, APP for the Respondent/State. Ms Ekta Patil i/b Mr. Prashant Hagare for the Respondent No.2. ………….. CORAM : N.R. BORKAR, J. DATE : 19.08.2026. P.C. : 1. This appeal under Section 14-A of the of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act (for short “SC & ST Act”) takes exception to the order dated 25.03.2026 passed by the learned Additional Sessions Judge, Indapur, Pune below Exhibit-3 in Special Case No. 776 of 2025. 2. By the order impugned, the learned Additional Sessions Judge has rejected the application for bail filed by the appellant, who is in custody in C.R. No. 554 of 2025 registered at Indapur Police Station, Pune for the offences punishable under Sections 64, 78, 351(2) & 333 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3(1)(r)(s) & 3(1)(i)(ii) of the SC & ST Act. Dinesh S. Sherla 1/3 DINESH SADANAND SHERLA Digitally signed by DINESH SADANAND SHERLA Date: 2026.08.21 19:35:27 +0530 28-apeal-391-26.odt 3. It is the case of the prosecution that the present appellant, on the date of incident, had barged into the house of the prosecutrix and committed forcible sexual intercourse with her. 4. I have heard the learned counsel for the appellant, learned APP for the State, and the learned counsel for respondent No.2. 5. The learned counsel for the appellant submits that there is a delay of about 15 days in lodging the First Information Report. It is submitted that with ulterior motive false allegations are made against the appellant. It is submitted that the appellant is in jail for 11 months and the trial is still at the stage of framing of charge. It is therefore, submitted that the appellant may be released on bail. 6. On the other hand, the learned APP for the respondent/State and learned counsel for respondent No.2 submit that the appellant is involved in a serious offence of rape. It is submitted that considering the nature of the crime, the appellant may not be released on bail. 7. I have perused the statement of the prosecutrix. There is a delay in lodging the First Information Report. Prima facie, the alleged act appears to be consensual. The appellant is in jail for 11 months. Considering the overall facts and circumstances, I am Dinesh S. Sherla 2/3 28-apeal-391-26.odt inclined to release the appellant on bail. In the result, the following order is passed. O R D E R (a) The Appeal is allowed. (b) The impugned order is set aside. (c) The appellant shall be released on bail in C.R. No. 554 of 2025 registered at Indapur Police Station, Pune for the offences punishable under Sections 64, 78, 351(2) & 333 of the BNS and Sections 3(1)(r)(s) & 3(1)(i)(ii) of the SC & ST Act, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (d) The appellant shall not enter into the limits of Indapur Police Station except to attend the dates before the trial court till the conclusion of the trial. (e) The appellant shall not tamper with the prosecution evidence. [N.R.BORKAR, J.] Dinesh S. Sherla 3/3