14.BA.1331.2026.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.1331 OF 2026 Prashant Sakharam Atre .. Applicant Versus The State of Maharashtra and Anr. .. Respondents ....................  Mr. Shubhankar Kulkarni a/w. Mr. Lokesh Zanzawar, Advocates for Applicant.  Mr. Vithal B. Konde-Deshmukh, APP for Respondent No.1. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 11, 2026 P.C. : 1. Heard Mr. Kulkarni, learned Advocate for Applicant and Mr. Konde-Deshmukh, learned APP for Respondent No.1. 2. This is an Application under Section 439 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking Bail in connection with C.R. No.110 of 2023 registered with Dighi Police Station for offences punishable under Section 354-A and 354-B of the Indian Penal Code, 1860 and Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. Application is filed for seeking bail more specifically on the ground of default clause, as enumerated in sub-section (1) of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) . It is an admitted position, and as also confirmed by the learned APP, that the Applicant has undergone more than three and a 1 of 4 14.BA.1331.2026.doc half years of incarceration after the date of his arrest, which is more than the one-third punishment as prescribed, to entitle him to apply for bail, in view of the maximum punishment prescribed under Section 351B of BNSS. In that view of the matter, the learned Advocate has drawn my attention to the judgment dated 20.03.2025 passed in Bail Application No.655 of 2025, page No. 111, by this Court. Though, by virtue of that judgment, the bail was denied, however, the aforesaid issue has been so recorded by the Court while recording the submissions of the learned advocate on behalf of the Applicant in paragraph No.5 thereof. 4. I have perused the provisions of Section 354A and Section 354B of the BNSS which prima facie prescribe the punishment from 3 years, which may extend up to 7 years. In view of the admitted fact that the Applicant has already undergone more than one-third sentence in incarceration, and the ignominy of the trial not being concluded in the near future, the Applicant has made out a case for grant of bail in view of he having spent more than one-third sentence in incarceration and due to trial not been concluded in the near future. Needless to state that, in view of the gravity of the offense as argued by Mr. Konde-Deshmukh, learned APP, strict conditions shall, will have to be imposed. 5. In view of the above Applicant is released on bail on 2 of 4 14.BA.1331.2026.doc following terms:- (i) Applicant is directed to be immediately released from prison in connection with Crime No.110 of 2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at concerned Police Station twice a month on the first and third Sunday 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; (vi) Applicant shall not influence with 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 3 of 4 14.BA.1331.2026.doc applicable; and (viii) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 6. 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: 2026.08.11 20:05:27 +0530