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2026 DAILYLAW 7771 (BOM)

PREMANAND @ PARMANAND SUBHASH JADHAV v. STATE OF MAHARASHTRA THR PSO., PS LONAR, TQ. LONAR DIST. BULDHANA

BA/1137/2026 · 2026-09-10

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Judgment text

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Order 100926ba1137.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO.1137 OF 2026. Premanand @ Parmanand Subhash Jadhav -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.M. Waghmare, Advocate for the Applicant. Shri H.D. Marathe, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 10, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.319/2026 registered with Lonar Police Station, District Buldhana for the offences punishable under Sections 74, 76, 78[2], 333, 115[2], 351[2] and 75[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be lodged by victim alleging that on 25.07.2026 the applicant taking undue advantage of the fact that the victim was alone at her house, Rgd. 2026:BHC-NAG:12072 Order 100926ba1137.26 2 outraged her modesty and asked for sexual favour and he also assaulted the victim. 4. The learned Counsel for the applicant submits that the allegations against the applicant are that he has outraged the modesty of the victim, tried to disrobe her and also demanded sexual favours. The said offence was committed by him during night hours at 10.30 p.m. in the house of the victim. It is further submitted that though the allegations are serious in nature, however, considering the punishment provided for the same and the fact that the informant/victim has tendered no objection for grant of bail, the applicant deserves to be released on bail. Therefore, the learned Counsel submits that the applicant is ready and willing to abide by any conditions which this Court may impose while granting bail. 5. On the other hand the learned A.P.P. opposes the application by contending that the allegations are serious in nature and the offence is committed against a woman. The applicant has not only outraged modesty, but, has attempted to disrobe the victim. He further submits that investigation is still going on and charge sheet is yet to be filed. In such Rgd. Order 100926ba1137.26 3 circumstances merely because the victim has given no objection to grant bail, is not sufficient. Considering the seriousness of the offence, the applicant do not deserve to be released on bail. 6. I have considered the rival submissions and gone through the contents of first information report, as also the no objection given by the victim to grant bail. Prima facie it appears that the applicant has tried to outrage the modesty by disrobing the victim, so also by demanding sexual favour from her. The said incident occurred at about 10.30 p.m. No doubt, so far as the allegations are concerned, they are serious, however, the fact remains that the victim has given no objection before the trial Court. After going through the submissions filed by the victim, it appears that she is not having any objection, however, she has prayed for imposing stringent conditions while granting bail. Considering the maximum punishment provided and that the victim has given no objection for grant of bail, I am inclined to grant bail to the applicant, hence, the following order. Rgd. Order 100926ba1137.26 4 ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Premanand @ Pramanand Subhash Jadhav be released on regular bail in connection with Crime No.319/2026 registered with Lonar Police Station, District Buldhana for the offences punishable under Sections 74, 76, 78[2], 333, 115[2], 351[2] and 75[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS) on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, except for attending the trial (on its commencement), till the completion of the trial. (iv) The applicant shall not in any manner contact the victim either on phone or physically. (v) The accused 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. (vi) 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. Rgd. Order 100926ba1137.26 5 (vii) On commencement of the trial, the accused shall attend each and every date regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (viii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (ix) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 11/09/2026 15:08:19