AHMED RAZA ALIAS ALAM ANSARI v. THE STATE OF MAHARASHTRA AND ORS.
APEAL/195/2026 · 2026-09-11
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8102 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8102 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
915-APEAL-195-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. APPEAL NO. 195 OF 2026 Ahmed Raza Alias Alam Ansari … Appellant Versus. The State of Maharashtra & Ors. … Respondents ----- Mr. Aditya S. Navpute a/w. Ms. Deeksha Singh & Mr. Adarsh Patil i/b. AKT Legal Law Firm for the Appellant. Ms. S.N. Deshmukh, A.P.P. for the Respondent Nos.1 & 3-State. Ms. Pallavi Kante, Appointed Advocate for the Respondent No.2. Officer : ASI Mr. S.S. Bhagat, Shirval Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 11th September 2026. PER COURT :
1. At the outset, Ms. S. N. Deshmukh, learned A.P.P. for the Respondent Nos. 1 & 3-State, submits that the notice was served on the Respondent No. 2 and that a request was received from her for the appointment of an Advocate under the Legal Aid Scheme, as she is unable to afford a private lawyer. 2. Ms. S. N. Deshmukh, learned A.P.P. for the Respondent Nos.1 & 3 states that Advocate Ms. Pallavi Kante be appointed to represent the Respondent osk 1 of
5
915-APEAL-195-2026 (CR).docx No.2 in the present Appeal. Advocate Ms. Pallavi Kante agrees to appear and represent the Respondent No.2 in the present Appeal. The Bombay High Court Legal Services Committee, Kolhapur Circuit Bench to take note of appointment of Advocate Ms. Pallavi Kante, under the Legal Aid Scheme. 3. Copies of the paper book are supplied to Advocate Ms. Pallavi Kante. She requests that this matter be kept back. At the request of Advocate Ms. Pallavi Kante, this matter was take up after some time. 4. Heard Mr. Aditya Navpute, learned Advocate for the Appellant, Ms. Deshmukh, learned A.P.P. for the Respondent Nos.1 & 3-State and Ms. Pallavi Kante, learned Advocate for the Respondent No.2. 5. By the present Appeal filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Appellant is assailing the order dated 15th July 2026 passed by the Additional Sessions Judge, Wai, in Criminal Bail Appeal No. 109 of 2026, which rejected the request for regular bail in Crime No. 0239 of 2026. 6.
The Appellant seeks regular bail in connection with Crime No. 0239 of 2026, dated 17th June 2026, registered at Shirval Police Station, District Satara, for offences punishable under Sections 78, 75 and 126(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(ii) and 3(2)(va) of the osk 2 of
5
915-APEAL-195-2026 (CR).docx Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. 7. According to the prosecution case, the Appellant, an 18-year-old boy, is alleged to have expressed his feelings towards the Respondent No.2 and to have followed the Respondent No.2 (the victim), who is 14 years and 6 months of age. The Respondent No.2 has registered the said complaint, stating that she was uncomfortable with the Appellant following her. 8. Mr. Aditya Navpute, learned Advocate for the Appellant, submits that the Appellant, a young boy, had no intention of committing any offence. He further submits that the Appellant merely expressed his love for the Respondent No. 2. 9. Ms. Pallavi Kante, learned Advocate for Respondent No. 2, submits that Respondent No. 2, a minor, felt threatened by the Appellant's expressions and advances towards her. 10. Ms. S. Deshmukh, learned A.P.P. for the Respondent Nos. 1 & 3, submits that the investigation in Crime No. 0239 of 2026 is complete, there are no recoveries to be made from the Appellant and that the chargesheet has been filed. In view of the same, she, on instructions, submits that custody of the Appellant in Crime No. 0239 of 2026 is not required. osk 3 of
5
915-APEAL-195-2026 (CR).docx
11. Perused the record. 12. In view of the fair stand taken by the Respondent Nos. 1 and 3, as put forth by Ms. S. Deshmukh, learned A.P.P. for the Respondent Nos.
1 & 3 and the absence of any allegations that the Appellant has assaulted, caused any physical harm, or attempted to cause any physical harm to the Respondent No. 2, the continuation of the Appellant's custody pending trial is not warranted. 13. In view of the above, this Appeal is allowed in the following terms : (a) The Appellant in Crime No. 0239 of 2026, registered on 17th June 2026 with Shirval Police Station, District Satara, shall be released on bail upon furnishing a P.R. bond of Rs. 10,000/- (Rupees Ten Thousand only), with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Wai. (b) The Appellant shall not contact the Respondent No.2. (c) The Appellant shall not directly or indirectly make any inducement, threat or promise to the Respondent No.2 or to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (d) The Appellant shall not tamper with evidence in any manner. osk 4 of
5
915-APEAL-195-2026 (CR).docx (e) The Appellant shall, within three (3) days of his release, provide the Investigating Officer with his residential address along with proof, his contact numbers, email and must inform the Investigating Officer of any changes to this information from time to time. 14. Criminal Appeal No. 195 of 2026 is disposed of in the above terms. 15. The Bombay High Court Legal Services Committee, Kolhapur Circuit Bench, shall quantify and pay the legal fees payable under the Legal Aid Scheme to Ms. Pallavi Kante, learned Advocate for the Respondent No.2, who has appeared and represented the Respondent No.2 in this Criminal Appeal. [ ASHWIN D. BHOBE, J. ] osk 5 of
5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.11 17:12:51 +0530