1 33.ba.979.2026.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 979 OF 2026 Ram @ Bramha s/o Sahebrao Mundhe ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Hariom Dhage, Advocate for the applicant. Shri N.B.Jawade, APP for the non-applicant no.1/State. CORAM: M.M. NERLIKAR, J. DATE : 18.08.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.171 of 2026 registered with Pimpalgaon Raja Police Station District Buldhana for the offences punishable under Sections 333, 74, 75(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The FIR came to be lodged by the victim alleging that the applicant has outraged her modesty. 4. Learned Counsel for the applicant submits that the allegation of outraging of modesty is false. On the contrary, the husband of the informant herein has committed the same offence for which the sister-in-law of the applicant has registered the FIR against the husband of the informant herein. There is also delay of 10 to 12 hours in lodging the FIR since the alleged incident occurred in the morning whereas the FIR was lodged in the evening. It is submitted that the husband of the 2 33.ba.979.2026.2026 informant Sunanda has committed the offence of outraging modesty of the sister in law of the present applicant, for which there is registration of FIR on the same day. Therefore, considering the nature of allegations, further custody of the applicant would not be required and hence, he prayed to be enlarged on bail since he is in jail from 10.07.2026. 5. Learned APP vehemently opposed the application on the ground that both the FIRs registered against each other are under investigation. So far as the present case is concerned, there are serious allegations made in the FIR and there is nothing on record to discard the same. Mere lodging of the counter FIR by the applicant’s side, cannot be a sole ground to enlarge the applicant on bail. As the prosecution case is supported by the statements recorded during the investigation. Hence, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears that there are counter FIRs lodged by the applicant and victim’s party against each other alleging same offence in which investigation is going on and charge-sheet is yet to be filed. Also there is delay in lodging the FIR in present case for which there is no explanation. The applicant is in jail since 10.07.2026 and in my considered opinion no purpose would be served by keeping the applicant behind bars. Hence the following order : (a) The application is allowed. (b) The applicant Ram @ Bramha s/o Sahebrao 3 33.ba.979.2026.2026 Mundhe in connection with Crime No.171 of 2026 registered with Pimpalgaon Raja Police Station District Buldhana for the offence punishable under Sections 333, 74, 75(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) The applicant 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. (d) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (e) The accused shall attend concerned Police Station as and when called, till the filing of the charge-sheet and after commencement of trial, he shall attend the trial. If he fails to attend or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 18/08/2026 17:25:15