1 41-Cr.BA-1105-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1105 OF 2026 Ashish Namdeo Rathod -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. Vivek Awchat, Advocate for the Applicant. Ms. S.S. Dhote, A.P.P. for the Non-applicant No.1/State. Ms. Sejal Bhandwalkar, Advocate (appointed) for the Non- applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 08, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.740/2026 for the offences punishable under Sections 78 and 79 of the Bharatiya Nyaya Sanhita, 2023, and Section 12 of the Protection of Children from Sexual Offences Act, 2012, registered with Police Station Pandharkawada, District Yavatmal. 3. As per the First Information Report (FIR), the informant, a 13-year-old girl, alleged that the accused, Ashish Namdev Rathod, aged 25 years, who resides in the same village, had been repeatedly Piyush Mahajan 2026:BHC-NAG:11966 2 41-Cr.BA-1105-2026 watching and following the informant for about one year. On 31/05/2026, at about 9:00 a.m., while the informant was at her house, the accused allegedly made an objectionable statement regarding her in the presence of her grandmother and threatened her. The informant thereafter approached the police along with her mother, resulting in registration of the FIR. 4. The learned counsel for the applicant submits that the present F.I.R. was registered out of vengeance. He submits that the brother of the applicant was running a pan shop in the same vicinity where the family of the informant is running the pan shop, and therefore, there was unhealthy competition, and out of that vengeance, the present F.I.R. was registered. In fact, he submits that the allegations are in respect of stalking and nothing more than that. He further submits that the maximum punishment provided for the alleged offences is 3 years, and as the applicant is behind bars for more than 3 months, under such circumstances, he submits that the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. and the learned counsel appearing for the victim vehemently oppose the application and submit that, due to the act of the applicant, the victim is not able Piyush Mahajan 3 41-Cr.BA-1105-2026 to go to school. Initially, the father of the victim had given an understanding to the applicant, however, again the applicant had started stalking the victim. They further submit that on 31/05/2026, while the applicant was stalking the victim, the grandmother of the victim questioned him as to why he was stalking the informant. At that time, the applicant threatened that he will commit rape on the victim by abducting her. Under such circumstances, they submit that, considering the serious nature of the crime, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. It appears that the victim is 13 years and 9 months of age. It further appears that the F.I.R. was registered on 01/06/2026. The allegations made against the applicant appear to be serious, however, the maximum punishment provided is 3 years. It is further to be noted that the applicant is in jail for the last 3 months. Considering the allegations, I am inclined to grant bail, as the investigation is over, and the charge-sheet is filed. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Ashish Namdeo Rathod) be released on regular bail in Piyush Mahajan 4 41-Cr.BA-1105-2026 connection with Crime No.740/2026 for the offences punishable under Sections 78 and 79 of the Bharatiya Nyaya Sanhita, 2023, and Section 12 of the Protection of Children from Sexual Offences Act, 2012, registered with Police Station Pandharkawada, District Yavatmal, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The applicant shall not enter the vicinity of the place where the victim is residing, and shall not contact the victim in any manner, either physically or through mobile phone or any electronic mode; (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (v) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (vi) Once the trial commences, the accused shall attend each and every date of trial Piyush Mahajan 5 41-Cr.BA-1105-2026 regularly. If he fails to attend the trial, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vi) Fees of the appointed counsel be quantified and paid as per rules; (viii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (ix) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 09/09/2026 18:19:00