1 37.ba.1115.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1115 OF 2026 Krishna Dhanraj Bhusum ..vs.. State of Maharashtra and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs Sapna S. Jadhav, Advocate for the applicant. Ms S.N. Thakur, APP for non-applicant/State. Ms Sidra Shakir Ahmed, Advocate for non-applicant no.2 (appointed). CORAM: M.M. NERLIKAR, J. DATE : 16.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.134 of 2023 registered with Sirajgaon Police Station, District Amravati for the offences punishable under Sections 376DA of the Indian Penal Code and Sections 4 ad 6 of the Protection of Children From Sexual Offences (POCSO) Act, 2012. 3. The FIR came to be lodged by the grandmother of the victim girl alleging gang rape at the hands of the accused person including the applicant. 4. Learned Counsel for the applicant has invited my attention to the order dated 11.02.2026 passed by this Court in Criminal Application No.1158/2025 releasing co-accused Suresh Bethe on bail on the ground of delay in trial. He submits that even the applicant is in jail since 27.04.2023 on same date as of co-accused Suresh, therefore, on the ground of parity, the learned Counsel 2026:BHC-NAG:12353 2 37.ba.1115.2026 for the applicant prayed to enlarge the applicant on bail. 5. On the other hand, learned APP vehemently opposed the application on the ground that the offence is of serious nature and registered under the provisions of Indian Penal Code and POCSO Act. The victim is a minor and therefore, the applicant does not deserve to be granted bail only on the ground of delay in trial. 6. I have considered the rival submissions and perused the record. This Court has called the status report from the Trial Court. It is stated that the evidence of witness no.2 has been recorded on 28.11.2025, thereafter the case was transferred to the District Judge- 1 and Additional Sessions Judge, Achalpur. After which, neither the witness has been produced by the prosecution before the Court nor the prosecution has taken pain to examine witnesses further. Even though the applicant was arrested on 27.04.2023 and charge was framed on 12.02.2025. This Court considering the long incarceration of co-accused Suresh, has granted him bail and therefore, for the same reasons recorded in the order dated 11.02.2026 in Criminal Application No.1158/2025, the applicant is also released on bail. Hence, the following order : (a) The application is allowed. (b) The applicant Krishna Dhanraj Bhusum in connection with Crime No.134 of 2023 registered with Sirajgaon Police Station, District Amravati for the offences punishable under Sections 376DA of the Indian Penal Code and Sections 4 ad 6 of the Protection of Children From Sexual Offences 3 37.ba.1115.2026 (POCSO) Act, 2012 be released on bail on furnishing P.R. bond of Rs.50,000/- with one solvent surety in the like amount. (c) The applicant 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. (d) 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. (e) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for a single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. The observations are prima facie in nature and the Trial Court shall not be influenced by the same . 8. All Misc. application(s), pending if any, shall stands disposed of accordingly. 9. Fees of the appointed Counsel be quantified as per rules. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 17/09/2026 14:40:43