1 12. WP 669 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.669 OF 2026 ABRAR SAMAD RANGARI VERSUS STATE OF MAHARASHTRA THR. PSO, TAHSIL POLICE STATION, NAGPUR AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. J.A. Malnas, Advocate for Petitioner. Mr. K.R. Lule, APP for Respondent No.1-State. Ms. Sonali Choudhari, Advocate (Appointed) for Respondent No.2. CORAM : MEHROZ K. PATHAN, J. DATED : 11th SEPTEMBER 2026 PER COURT :- 1. By way of instant writ petition, the petitioner has approached this Court seeking relaxation of condition No.3, imposed upon him, vide order dated 13.01.2026, passed by learned Additional Sessions Judge-11, Fast Track Special Court/POCSO Court, Nagpur. 2. Mr. Malnas, learned Counsel appearing on behalf of the petitioner submits that the petitioner is seeking relaxation in the second part of condition No.3, imposed upon him by the learned Special Court, vide order dated 13.01.2026, wherein the restriction imposed upon him not to reside in the jurisdiction of Tahsil Police Station till conclusion of the trial. He submits that the petitioner is 2026:BHC-NAG:12266 2 12. WP 669 of 2026.odt residing and running the business of laundry in the area falling under the jurisdiction of Tahsil Police Station and that too, his likelihood is affected due to the said condition while releasing him on bail. He submits that the petitioner is falsely implicated in the present crime, as the allegations in the FIR itself would suggest that the present FIR bearing No.786 of 2025, dated 03.11.2025 registered immediately after one day of the registration of an FIR bearing No.783 of 2025, dated 02.11.2025, by the same complainant against the petitioner for an offence punishable under Sections 296 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, wherein there are no allegations of sexual assault or stalking. He, therefore, submits that the present FIR was also lodged with an intention to wreak vengeance against the petitioner and the entire story narrated by the complainant is concocted. 3. Mr. Malnas, learned Counsel for the petitioner further submits that taking into consideration the aforesaid aspects, the trial court has released the petitioner on bail. However, the aforesaid condition not to reside in the jurisdiction of Tahsil Police Station, imposed upon the petitioner is causing serious hardship to him as his likelihood is affected. He, therefore, prays for relaxation of the subsequent condition i.e. condition No.3 not to reside in the 3 12. WP 669 of 2026.odt jurisdiction of Tahsil Police Station till conclusion of the trial. He further undertakes that the petitioner, if the aforesaid condition is relaxed, is ready to abide by any conditions that may be imposed by this Court and also assures that no untoward incident shall happen at the behest of the petitioner. 4. As against this, learned Counsel for the victim as well as learned APP strongly oppose the relaxation of the aforesaid condition on the ground that the petitioner is found to be involved in the serious offence of sexual assault on a minor girl. The said offence is serious in nature. The conditions imposed by the learned Special Court while releasing the petitioner on bail are just and proper. Taking into consideration the allegations made in the FIR, the condition imposed if relaxed, there is possibility of threatening the victim and her family members at the behest of the petitioner and the petitioner may indulge in identical incident. It is, thus, submitted that the present petition is devoid of merits and substance and liable to be rejected. 5. Ms. Chaudhari, learned Counsel appointed for the victim pointed out to this Court that even the petitioner had also escaped from the custody of the police when he was taken for medical examination in the present crime, however, the petitioner was thereafter arrested and was released on bail. She, therefore, prays for 4 12. WP 669 of 2026.odt rejection of granting relief of relaxation in the aforesaid condition imposed upon the petitioner by the impugned order. 6. I have gone through the impugned order dated 13.01.2026. In the said order, learned Special Court has imposed the condition upon the petitioner not to reside in the jurisdiction of Tahsil Police Station till conclusion of the trial. I have also gone through the allegations in the FIR bearing No.786 of 2025, dated 03.11.2025. A bare perusal of the FIR would show that prior to the date of registration of the present FIR, there was another FIR bearing No.783 of 2025, dated 02.11.2025, registered at the behest of the same complainant, for the offence punishable under Sections 296 and 351(2) of the BNS, wherein there are no allegations of sexual assault or stalking. The submission of the learned Counsel for the petitioner that the present FIR is nothing but a fallout and a counterblast to wreak vengeance against the petitioner appears to probable and thus, cannot be ruled out. The petitioner is running the business of laundry in the vicinity where the victim and her family members reside. So also, the petitioner resides in the same area. Therefore, it can be said that due to the said condition, the petitioner is causing serious hardship and his likelihood is affected. It is pertinent to note that no untoward incident is reported against the petitioner after releasing on 5 12. WP 669 of 2026.odt bail that he threatened the victim or her family members. Learned Counsel for the petitioner undertakes that the petitioner, if the aforesaid condition is relaxed, is ready to abide by any conditions that may be imposed by this Court. Hence, I am inclined to pass the following order. ORDER i) The writ petition is partly allowed. ii) The condition imposed upon the petitioner vide condition No.3, vide order dated 13.01.2026, passed by learned Additional Sessions Judge-11, Fast Track Special Court/POCSO Court, that he shall not reside in the jurisdiction of Tahsil Police Station till conclusion of the trial, is relaxed and set-aside, however, subject to the following conditions : (a) The petitioner shall report to the concerned police station once in every month i.e. on 1st day of every month, started from 01.10.2026, till the conclusion of trial. (b) The petitioner shall not directly or indirectly contact or make any inducement or threat the victim or her family member, so also shall not tamper with the evidence and not indulge in similar activities. 6 12. WP 669 of 2026.odt iii) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of this order. iv) The fees of the appointed Advocate shall be quantified as per rules by the High Court Legal Services Sub-Committee, Nagpur. v) With the above directions, the writ petition is disposed of. [MEHROZ K. PATHAN] JUDGE asd