19.BA.3236.2026.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.3236 OF 2026 Sandip Baburao Kandelkar .. Applicant Versus The State of Maharashtra and Anr. .. Respondents ....................  Mr. Kuldeep U. Nikam, Advocate for Applicant.  Ms. Anuja S. Gotad, APP for Respondent No.1 – State.  Ms. Tithi Raut, Advocate for Respondent No.2 appointed through legal aid. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 01, 2026 P.C. : 1. Heard Mr. Nikam, learned Advocate for Applicant; Ms. Gotad, learned APP for Respondent No.1 and Ms. Raut, learned Advocate for Respondent No.2 appointed through legal aid. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.151 of 2015 registered with Lonavala City Police Station, Pune for offences punishable under Sections 376, 363 and 366A of the Indian Penal Code, 1860 and under Sections 3, 4, 8 and 18 of the Protection of Children from Sexual Offences Act, 2012. 3. As per directions contained in the order dated 25.08.2026, Ms. Raut has taken instructions from the Respondent No.2 - prosecutrix who incidentally now is happily married and well-settled in 1 of 4 19.BA.3236.2026.doc life. She would submit on instructions that there is no interference whatsoever from the Applicant qua Respondent No.2 with regard to the present case. That is precisely what is expected by the Court in such matters from the legal Aid Advocate. 4. In so far merits of the present matter are concerned, the Applicant was already enlarged on bail but in view of he derelicting and not complying with one of the bail condition, he came to be arrested. 5. Mr. Nikam would submit that he now has instructions from the Applicant that he shall ensure that he will attend all Trial Court proceedings and dates of hearing alongwith his Advocate in future and would not derelict or commit breach of any of the bail conditions. Considering that Trial has already commenced and Applicant has attended the Trial Court otherwise except on the previous occasion due to which he had to face the ignominy of being arrested, I am inclined to consider the case of Applicant for enlargement on bail. In that view of the matter, the order dated 07.07.2026 stands quashed and set aside. Resultantly, Application below Exhibit-51 in Special Case No.79 of 2022 stands allowed. 6. Applicant is directed to be released on bail subject to following conditions:- 2 of 4 19.BA.3236.2026.doc (i) Applicant is directed to be immediately released from prison in connection with Crime No. 151 of 2015; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two surety / 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.; (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 3 of 4 19.BA.3236.2026.doc (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 7. 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 hereinabove in this order. 8. This Court appreciates the assistance rendered by Ms. Raut learned appointed Advocate through the legal aid. Her fees be paid by the High Court Legal Aid Services Authority as per rules on production of a server copy of this order and other compliances in accordance with the decision of this Court in the case of Sanjyot Nitin Telharkar v. The State of Maharashtra & Anr.1 and the Schedule under Regulation 18(1) of the Maharashtra State Legal Services Authority Rules, 1998. 9. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 1 Judgement dated 25.09.2024 passed in Misc.Civil Application No.134 of 2024. 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.01 20:12:16 +0530