Allowed¶22

Roshan Anant Bari v. State of Maharashtra and Anr.

Bombay HC21 Jul 2025ABA/3135/2024

Case brief

AI extract

What is this about?

Anticipatory bail allowed and interim relief made absolute; Bombay HC, R.N.Laddha, J., 21 July 2025; ABA No.3135 of 2024; Roshan Anant Bari v. State of Maharashtra (Vangaon PS); CR No.81 of 2024, Palghar; Ss.74, 75, 78, 351(2) BNS 2023; Ss.8, 12 POCSO Act 2012; minor victim (17y 5m 17d); charge sheet filed; investigation complete; conditions: no contact with prosecution witnesses, exclusion from village Mangela Aali, Gungwada, Dahanu till end of trial.

What did the court decide?

Anticipatory bail: interim relief granted on 26 November 2024 confirmed and made absolute on the same terms and conditions, with additional conditions that the applicant shall not contact any prosecution witness and shall not enter or remain within village Mangela Aali, Gungwada, Dahanu until conclusion of trial. ¶22

Roshan Anant Bari vs State of Maharashtra and… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant is entitled to anticipatory (pre-arrest) bail in connection with CR No.81 of 2024 registered at Vangaon Police Station, Palghar, for offences under Sections 74, 75, 78, 351(2) BNS 2023 and Sections 8 and 12 of the POCSO Act, 2012.

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Court's answer

The interim relief (anticipatory bail) granted on 26 November 2024 is confirmed and made absolute, subject to the same terms and conditions as stipulated earlier.

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Ratio / Principle

As an additional condition, the applicant shall strictly refrain from contacting any of the prosecution witnesses in any manner whatsoever.

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Key takeaways

As undertaken by the applicant, he shall not enter or remain within the jurisdictional limits of village Mangela Aali, Gungwada, Dahanu, where the victim resides, until conclusion of the trial proceedings.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Coram R.N.Laddha, J.; order dated 21 July 2025 in Anticipatory Bail Application No.3135 of 2024 (Roshan Anant Bari v. The State of Maharashtra (Vangaon police station) & Anr.). The applicant sought pre-arrest bail in CR No.81 of 2024 of Vangaon Police Station, Palghar, for offences under Sections 74, 75, 78, 351(2) of the Bharatiya Nyaya Sanhia (BNS), 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012; the victim was 17 years 5 months and 17 days old at the relevant time. The court noted the applicant had been under interim relief since 26 November 2024, had cooperated with the investigating agency (reporting on approximately six to seven occasions), and that the investigation stood completed with the charge sheet filed, with nothing left to be recovered or discovered (a point conceded by the learned APP). Holding the interim anticipatory bail was confirmed and made absolute on the same terms and conditions, with additional conditions that the applicant shall not contact any prosecution witness and shall not enter or remain within village Mangela Aali, Gungwada, Dahanu (where the victim resides) until conclusion of trial. No precedents were cited or discussed.

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Digitally signed by CHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2025.07.22 18:11:48 Chitra Sonawane +0530 17-aba-3135-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Anticipatory Bail Application No.3135 of 2024

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Roshan Anant Bari Age: 39 yrs, Occ: business R/o House No.1908, Dahanu Chinchani road, Gungwada, Dhitam Aali, Tal-Dahanu, Dist.Palghar

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… Applicant.

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Vs. 1. The State of Maharashtra (Vangaon police station) 2. XYZ … Respondents.

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Mr Virendra Verma i/by Munira Palanpurwala for the applicant.

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Mr Anand Shalgaonkar, APP for the respondent / State. None for respondent No.2.

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PSI Shivkumar Nandgave Vangaon police station, Palghar.

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Coram : R.N.Laddha, J. Date : 21 July 2025.

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P.C. :

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By this application, the applicants seek pre-arrest bail in connection with CR No.81 of 2024, registered at Vangaon Police Station, Palghar, for offences punishable under Sections 74, 75, 78, 351(2) of the Bharatiya Nyaya

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Page No. 1 of 4

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Chitra Sonawane 17-aba-3135-24.doc

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Sanhia (BNS), 2023, and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

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The learned Counsel for the applicant submits that the offences alleged against the applicant do not attract a punishment exceeding five years of imprisonment under the relevant legal provisions. The applicant has been under the interim protection since 12 December 2024 and has extended full cooperation to the investigating agency throughout the course of the investigation. Additionally, the learned Counsel, on instructions from the applicant, states that the applicant will not enter the jurisdiction of the village where the victim resides till the conclusion of trial. The learned Counsel further submits that, the investigation, as it stands, has been completed, and nothing remains to be recovered or discovered from the applicant. The learned Counsel also highlights the considerable delay in lodging the FIR, and submits that the delay casts doubt on the veracity of the allegations. Lastly, the learned Counsel assures the Court that the applicant is willing to comply with all the conditions imposed by this Court.

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Page No. 2 of 4

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21 July 2025

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Chitra Sonawane 17-aba-3135-24.doc

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The learned APP submits that the offence is of a grave and serious nature, particularly given that the victim was a minor at the time of the incident. The statements of the witnesses corroborate the presence of the applicant at the scene on the date and time in question. Nonetheless, the learned APP fairly concedes that the investigation in the present case has been concluded, and nothing is to be recovered or discovered from the applicant.

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Upon perusing the records, it appears that at the relevant point in time, the victim was 17 years 5 months and 17 days old. The applicant has been under the protection of interim relief since 26 November 2024. During the course of investigation, the applicant cooperated fully with the investigating agency, having reported to the police station on approximately six to seven occasions. The investigation has now been completed, and the charge sheet has also been filed.

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In light of these circumstances, the interim relief granted on 26 November 2024 is hereby confirmed and made absolute, subject to the same terms and conditions as

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Page No. 3 of 4

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21 July 2025

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Chitra Sonawane 17-aba-3135-24.doc

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stipulated earlier. In addition, the applicant shall strictly refrain from contacting any of the prosecution witnesses in any manner whatsoever. Furthermore, as undertaken, the applicant shall not enter or remain within the jurisdictional limits of the village Mangela Aali, Gungwada, Dahanu, where the victim resides, until the conclusion of the trial proceedings.

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Page No. 4 of 4

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21 July 2025

Roshan Anant Bari v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Roshan Anant Bari v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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