1 5 BA 36.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 36/2026 (Nitin S/o Himmatrao More Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. G. D. Dani, Advocate for applicant. Mrs. Mayuri H. Deshmukh, APP for non-applicant/State. Ms. S. Das, Advocate (appointed) for non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 09/03/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.322/2025 registered with Police station Dabki Road, Akola for the offence punishable under Sections 74, 75(1)(i), 75(1)(ii), 75(1)(iii) 75(2), 115(2), 296, 333, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, Sections 8 and 12 of the Protection of Children from Sexual Offences Act (“ POCSO”). 3. The brief facts of the prosecution story is that the applicant and one Prakash More are neighbours of the victim, who had few grudges with the victim's husband. On 4.10.2025, in the evening at 6:30 p.m., the applicant forcefully kissed the victim’s daughter which was witnesses 2 5 BA 36.26 by her. Her daughter ran inside the house crying to tell about the incident, and when the victim asked him why he forcefully kissed her daughter at that time he grabbed her hand and said "tujhi garmi baher yet ahe chal tujhya gharat tula dakhavto garmi kasha kadatat" and tried to take her inside the house, when the victim screamed, he left and after some time returned with his uncle- Prakash More who grabbed her by her hair and took her outside the house and told her to fulfill his nephew's wishes or else he will burn the entire family alive and thereafter she was beaten with stick. Further, Nitin More threatened that, if she did not act according to him, then she would have to leave the village. Based on these allegations, the investigation was carried out and charge-sheet was filed. 4. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present crime. As NC report was filed by the wife of accused No.2 against informant’s family. The alleged incident took place on 04.10.2025, whereas the report was lodged on 08.10.2025. He submits that on 04.10.2025, there was a quarrel between the wife of the accused No.2 and the informant. He submits that the allegations in the present 3 5 BA 36.26 are that the applicant has kissed a minor girl who is 7 years of age. After the incident of kissing the minor on her cheek, she has intimated to her mother, and accordingly mother questioned the present applicant. Thereafter, as per allegations, the applicant called accused No.2 and both of them went inside the house and dragged the informant by hair. There are also allegations of outraging the modesty of the informant, therefore the applicant submits that it is nothing but a counter blast to the NC report filed by the wife of accused No.2. He further submits that the applicant is in jail since 08.10.2025 and the investigation is over and charge-sheet is filed, no purpose would be served by keeping the applicant behind bar, therefore, he be released on bail. 5. On the other hand, the learned APP and the counsel for non-applicant No.2 vehemently oppose the application and submit that the applicant has outraged the modesty of minor who is seven years of age by kissing her cheek. Not only that, they have also assaulted and outraged the modesty of informant, therefore according to them, serious allegations are made against the applicant as well as accused No.2, therefore the applicant does not 4 5 BA 36.26 deserve to be released on bail. 6. I have considered the rival submissions. Admittedly, the incident took place on 04.10.2025 and the FIR was registered on 08.10.2025. The explanation which was tendered by the informant is that accused persons have a lot of influence in the village and therefore she was afraid in lodging the FIR. It is further to be noted that though there are allegations of kissing minor who is aged about seven years and there are further allegations of outraging the modesty of the informant, however the fact remains that the wife of accused No.2 had a quarrel with the informant and therefore, FIR was lodged. There is also a delay in lodging the present FIR and no appropriate explanations have been tendered for the said delay. 7. Considering the delay in lodging the FIR as well as the fact that the applicant was arrested on the same day, i.e. on 08.10.2025, and now investigation is complete and charge-sheet is filed, I am inclined to grant bail, hence the following order:- 5 5 BA 36.26 ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Nitin S/o Himmatrao More be released on bail in connection with Crime No.322/2025 registered with Police station Dabki Road, Akola for the offence punishable under Sections 74, 75(1) (i), 75(1)(ii), 75(1)(iii) 75(2), 115(2), 296, 333, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, Sections 8 and 12 of the POCSO on his furnishing P.R. Bond of Rs. 25,000/- with one surety 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 for two consecutive dates or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vi) The applicant shall not reside into the village – Dabki, Dist. Akola till completion of the evidence of the informant and the victim. 6 5 BA 36.26 (vii) Fees of the appointed counsel be quantified and paid as per Rules. ( M. M. NERLIKAR , J.) Gohane