21. BA 3394-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3394 OF 2026 Ganesh Babaji Dumbre .Applicant Vs. The State of Maharashtra .Respondent Mr. Shirish Gupte, Senior Advocate a/w. Mr. Pandit Kasar, Mr. Sagar Bhosale & Mr. Bhavesh Suryarao, for the Applicant Ms. Sangeeta Phad, APP, for the Respondent – State Ms. Meghna Gowalani a/w. Mr. Saharsh Manyar, Advocates, for Respondent No. 2 Mr. Vinayak Patil, PI, Dighi Police Station present CORAM : MILIND N. JADHAV, J. DATE : 16.09.2026 P. C. 1. Heard Mr. Gupte, learned Senior Counsel for the Applicant, Ms. Phad, learned APP for the Respondent – State and Ms. Gowalani, learned Counsel for the Respondent No. 2/Prosecutrix. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 181 of 2026 registered with Dighi Police Station, Pune for offences punishable under Sections 143(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and under Sections 3, 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956. Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.17 12:06:20 +0530 21. BA 3394-2026.doc 3. Without delineating any opinion on merits, rest will affect the trial with the present case. It would be appropriate to delineate the order dated 07.09.2026 which was passed on the last date when the matter was argued by Mr. Gupte. The order dated 07.09.2026 reads as under :- “1. Heard Mr. Gupte, learned Senior Counsel for the Applicant. He has drawn my attention to the statement of the Victim recorded under Section 161 of the Criminal Procedure Code, 1973 and appended at page No. 39 which is prima facie contradictory to the statement recorded under Section 164 of the Criminal Procedure Code, 1973, a copy of which is appended at page No. 135. He would submit that in her subsequent statement under Section 164, the victim virtually exonerates the role of the Applicant and therefore, in that view of the matter, the Applicant should be entitled to bail, since he was only working as Manager of the Aaram Lodge, Dehu Phata, Alandi Devachi, Taluka – Haveli, Alandi Road, Pune in which the alleged offence took place. 2. The Applicant is directed to implead the Victim as Respondent No. 2 in the present case forthwith. Amendment is carried out forthwith in the presence of the Court which is endorsed by the Court. Re-verification stands dispensed with. A copy of this order and a copy of the Application shall be served on the Victim through the Police Inspector of the Dighi Police Station, Pune forthwith by the Advocate for the Applicant. 3. In view of the aforesaid submissions made by Mr. Gupte, the Prosecutor is directed to take appropriate instructions and accordingly, apprise the Court on the next adjourned date. The aforesaid exercise be carried out within a period of one week from today. 4. List the matter on 16.09.2026 at 3.00 p. m..” Anand 2 of 5 21. BA 3394-2026.doc 4. Ms. Gowalani appears in Court along with the Respondent No. 2 who is also present in Court. She would in her usual fairness as seen by the Court confirms the fact that the Section 164 statement to which the reference is made in the aforesaid order has been given by her and she confirms the said statement. If that be the position then considering the fact that the Applicant was not the owner of the premises and was merely employed as a Manager therein and looking into the Section 164 statement of the Respondent No. 2, the Applicant has made out a case for grant of bail. 5. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Ganesh Babaji Dumbre is directed to be immediately released from prison in connection with CR. No. 181 of 2026; (ii) The Applicant is directed to be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) The Applicant shall report to the Investigating Officer at Dighi Police Station, Pune twice every month, on the Anand 3 of 5 21. BA 3394-2026.doc first Monday and third Friday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) The Applicant shall not leave the State of Maharashtra without the prior permission of the Trial Court and he shall deposit his passport with the Trial Court on his release; (vi) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential Anand 4 of 5 21. BA 3394-2026.doc address or mobile telephone number, as and when such change occurs; (viii) The Applicant shall not enter the jurisdiction of the Dighi Police Station, Pune except for recording his attendance as directed; (ix) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 7. The Bail Application No. 3394 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5