Rahul @ Lalan Shivaji Shinde vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Rahul @ Lalan Shivaji Shinde vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of the applicant's arrest in C.R. No.866 of 2024 (Barshi City Police Station, Solapur), release on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount; subject to conditions that the applicant shall not tamper with the evidence, shall not influence the witnesses, and shall refrain from contacting the victim in any manner.

Issue for consideration

Whether the applicant, who apprehends arrest in C.R. No.866 of 2024 registered at Barshi City Police Station, Solapur, for offences punishable under Sections 137(2), 64, 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 8, 12, 42 of the Protection of Children from Sexual Offences Act, 2012, should be granted anticipatory bail. +1 more

Court's answer

Nothing needs to be recovered or discovered from the applicant.

Ratio / Principle

Upon perusing the records, it is evident that no allegations of sexual assault have been made against the applicant; the applicant's only involvement, as stated, was encountering the victim while she was proceeding with the co-accused.

Key takeaways

In the circumstances, the anticipatory bail application is allowed.ratio¶22
In the event of the applicant's arrest in C.R. No.866 of 2024 registered at Barshi City Police Station, Solapur, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.ratio¶24
The applicant shall not, himself or through any other person, indulge in any activity that would tamper with the evidence.ratio

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (R.N. Laddha, J., 10 June 2025) — Criminal Anticipatory Bail Application No. 231 of 2025 by Rahul @ Lalan Shivaji Shinde (29, labourer, Barshi), apprehending arrest in C.R. No.866/2024 of Barshi City Police Station, Solapur, for offences punishable under Sections 137(2), 64, 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 8, 12, 42 of the Protection of Children from Sexual Offences Act, 2012. Per the FIR of 13.10.2024 lodged by the victim's mother, co-accused Akshay took the 17-year-old victim from her parents' custody under a false promise of marriage and later allegedly sexually assaulted her; the applicant was alleged only to have met her outside the house and accompanied her to the main road where Akshay and his associate Kedar were waiting. Holding that no allegation of sexual assault had been made against the applicant, that his only stated involvement was encountering the victim while she proceeded with the co-accused, and that nothing needed to be recovered or discovered from him, the Court allowed the application: release on a PR Bond of Rs.25,000/- with one or more sureties in the like amount, conditioned on non-tampering with the evidence, non-influencing of witnesses and refraining from contacting the victim in any manner.

Digitally signed by CHITRA CHITRASANJAYSONAWANE SANJAYSONAWANEDate:2025.06.10 19:01:12 Chitra Sonawane. 35-aba-231-2025.docx+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

Criminal Anticipatory Bail Application No. 231 of 2025

Rahul @ Lalan Shivaji Shinde Age 29 years, Occ. Labour, R/at. Old Railway Station, 2517, Bhimrai Raut Chawl, Barshi, Tal. - Barshi, Dist.-Solapur. versus

… Applicant

The State of Maharashtra Through Barshi City Police Station, Dist.- Solapur vide C.R. No.866/2024.

XYZ Age 17 years, (Notice on R2 may be served through Senior Police Inspector of Barshi City Police Station) … Respondents

Mr Priyal G Sarda a/w Ms Seema S Dighe, Mr Shubham S Sane and Mr Rajesh Ranglani, for the Applicant. Mr Pankaj Deokar, APP, for Respondent / State. Mr Shailesh Kharat, for Respondent No.2.

Coram: R.N. Laddha, J. Date: 10 June 2025

P.C.:

The applicant apprehends arrest in CR No.866 of 2024

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registered at Barshi City Police Station, Solapur, for the offences punishable under Sections 137(2), 64, 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023, and Sections 4, 8, 12, 42 of the Protection of Children from Sexual Offences Act, 2012.

According to the FIR lodged by the victim’s mother at Barshi City Police Station, on 13.10.2024, her 17 years 10 months 12 days old daughter, a 12^th standard student, was found missing from their home around 1:30 a.m. Investigation revealed that co-accused Akshay took the victim from her parents custody under a false promise of marriage. It is alleged that the applicant, who was known to the victim, met her outside the house and accompanied her to the main road, where Akshay and his associate Kedar were waiting. The victim then left with Akshay, who later allegedly sexually assaulted her.

Mr Priyal Sarda, the learned Counsel appearing on behalf of the applicant submits that the applicant has been falsely implicated in the crime. There are no allegations of sexual assault against him. The investigation is on the verge of completion, and there is nothing to be discovered or recovered from the applicant. Furthermore, the applicant has no criminal antecedents.

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Chitra Sonawane.

Mr Pankaj Deokar, the learned Additional Public Prosecution representing the respondent/State and Mr Shailesh Kharat, the learned Counsel appearing on behalf of respondent No.2, highlight the severity of the offence by underscoring the victim’s age.

Upon perusing the records, it is evident that no allegations of sexual assault have been made against the applicant. The applicant’s only involvement, as stated, was encountering the victim while she was proceeding with the co-accused. Moreover, nothing needs to be recovered or discovered from the applicant. In the circumstances, the application is allowed in the following terms.

:Order:

In the event of applicant’s arrest in CR No.CR No.866 of 2024 registered at Barshi City Police Station, Solapur, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

The applicant shall not, himself or through any other person, indulge in any activity that would tamper with the evidence

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or influence the witnesses and shall refrain from contacting the victim in any manner.

[R.N. Laddha, J.]

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