Extracted from the PDF above. The PDF is authoritative.
33.BA.3297.2026.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.3297 OF 2026 Yuvraj Ratan More .. Applicant Versus The State of Maharashtra .. Respondent .................... Ms. Sana Raees Khan a/w. Mr. Jinay Jain and Mr. Devanand Bhosale, Advocates for Applicant. Ms. Rajeshree V. Newton, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 01, 2026 P.C.
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1. Heard Ms. Khan, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent. 2. This is an Application under Section 439 of the Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.679 of 2024 registered with Sinnar Police Station, Nashik for offences punishable under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023. 3. On 29.08.2026, after hearing learned Advocate and learned APP the following order was passed:-
“1. Heard Ms. Khan, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent. 2. The Applicant is indicted by virtue of a second First Information Report (for short ‘FIR’) filed by the prosecution, bearing 1 of 5
33.BA.3297.2026.doc No.679 of 2024 for offences of kidnapping under Section 137(2) and Section 87 of the Bharatiya Nyaya Sanhita, 2023. 3. In so far as the first FIR No.31 of 2024 is concerned, though the Applicant was enacted in offences related to Protection of Children from Sexual Offences Act, 2012 and other grievous offences under Indian Penal Code, 1860, the Applicant has been enlarged on bail already, copy of which is appended at page No.93. I have perused the same. 4. Ms. Khan persuades the Court to consider the statement recorded under Section 164 of the Code of Criminal Procedure, 1973 of the prosecutrix, copy of which is appended at page Nos.45 to 47 of the Application, which prima facie states that the Complainant had on her own volition accompanied the Applicant and he has not assaulted her at all. I have perused the said statement. 5. Arguable case prima facie has been clearly made out by the Ms. Khan for grant of bail.
However, since the statements have been made across the bar, I give one opportunity to the prosecution to examine the veracity of the aforesaid statements and apprise the Court accordingly. 6. Stand over to 01st September, 2026. To be placed under the caption ‘First on Board’. To be treated as ‘Part-Heard’.”
4. It is prima facie seen and it emanates from the record, that in the first First Information Report (for short ‘FIR’) No.31 of 2024, the Applicant has already been enlarged on bail. It is only after the supplementary statement was recorded that a second FIR, enhancing the charges to the extent of the Applicant having kidnapped the prosecutrix has been foisted and the Applicant has been re-arrested thereafter, on 19.09.2024. 5. The second FIR, prima facie emanates from the charges in the first FIR. The issue which is prima facie, intriguing is the statement recorded under Section 164 of the Cr.P.C. of the proxecutrix which is appended at page No.45 onwards in the present Application. 6. I have already perused the same and opined in paragraph 2 of 5
33.BA.3297.2026.doc No.4 of the aforesaid order. The aforesaid prima facie observations and more specifically, the statement of the prosexutrix herself of she having on her own volition accompanied the Applicant dilutes the charge under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023 altogether. 7. Nevertheless, it is my prima facie opinion that on the basis of the material made available before me, which is referred to and alluded to hereinabove, the Applicant has made out a case for grant of trial. 8. Considering the aforesaid, Applicant is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 679 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rs.
Fifty Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; 3 of 5
33.BA.3297.2026.doc (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 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 applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made 4 of 5
33.BA.3297.2026.doc hereinabove in this order. 10. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 5 of 5 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.02 11:00:04 +0530