Shahul Suresh Kamble vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

Shahul Suresh Kamble vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Regular bail in C.R. No. 59 of 2023 (Ichalkaranji Police Station) on executing P.R. Bond of Rs.30,000/- with one or two sureties in the like amount, subject to conditions: (i) not to tamper with evidence or attempt to influence or contact the victim, witnesses or any person concerned with the case; (ii) not to contact the victim, her family members and prosecution witnesses; and (iii) to attend the Trial Court dates regularly.

Issue for consideration

Whether the applicant, arraigned in C.R. No. 59 of 2023 (Ichalkaranji Police Station) for offences under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012, is entitled to regular bail, having regard to the delay in the victim recording her police statement, the absence of a specific date of the alleged offence, and the silence of her earlier statement against the applicant. +1 more

Court's answer

The offence of sexual assault was allegedly committed in January 2023 and the victim gave her statement to the police in April 2023; there is a delay of more than three months in giving the statement, and no specific date of the alleged offence is given.

Ratio / Principle

In the earlier statement of the victim recorded by the police, the victim had not stated anything about the act attributed to the applicant.

Key takeaways

The applicant has been behind the bar for more than two years and there is no progress in the trial.ratio¶5
Considering the delay in the victim's statement, the absence of a specific date of the offence, the silence of her earlier statement, and the applicant's incarceration for over two years without trial progress, further detention of the applicant is not required.ratio¶6
The applicant is to be enlarged on bail in C.R. No. 59 of 2023 registered with Ichalkaranji Police Station on executing a P.R. Bond in the sum of Rs.30,000/- with one or two sureties in the like amount, subject to conditions that he shall not tamper with evidence or attempt to influence or contact the victim, witnesses or persons concerned with the case, shall not contact the victim, her family members and prosecution witnesses, and shall attend the Trial Court dates regularly.

Detailed headnote1 paragraphs

Bombay High Court (Circuit Bench at Kolhapur), Shivkumar Dige, J. — Regular bail granted. The applicant, in custody for over two years, sought bail in C.R. No. 59 of 2023, Ichalkaranji Police Station, for offences punishable under Sections 363, 376(2)(j)(n), 354(A), 506 read with Section 34 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The Court noted that although the sexual assault was alleged to have occurred in January 2023, the victim's statement was recorded only in April 2023 — a delay of over three months — that no specific date of the offence was given, and that in her earlier statement the victim had said nothing against the applicant; the trial had also made no progress. Holding further detention unnecessary, the Court enlarged the applicant on bail on a P.R. Bond of Rs.30,000/- with one or two sureties in the like amount, restraining him from tampering with evidence or contacting the victim, her family and prosecution witnesses, and directing regular attendance on trial dates, while clarifying that its observations were confined to the bail application and the trial would proceed on its own merits uninfluenced by them.

26.2154.24 ba.docx

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 2154 OF 2024

Shahul Suresh Kamble

.....Applicant

Vs.

The State of Maharashtra and anr

.....Respondents

Mr. Kedar J. Patil a/w Mr. Sachin Y. Mane, Mr. Pratik G. Tare for the applicant

Mr. Saurabh P. Tandale appointed for the victim Mr. Anand Shalgaonkar for the State

CORAM : SHIVKUMAR DIGE, J.

DATE : 18^th AUGUST 2025

P.C.:

IRESH

By this application, the applicant is seeking regular bail in

MASHAL

Digitally signed by IRESH MASHAL Date: 2025.08.19 17:47:49 +0530

C.R. No. 59 of 2023 registered with Ichalkaranji Police Station for the offences punishable under Sections 363, 376(2) (J)2(N),

354(A), 506 read with 34 of the Indian Penal Code and under

Sections 4,8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

It is the prosecution’s case that on 11^th March 2023,

mother of the victim had lodged a complaint of kidnapping of

1/4

26.2154.24 ba.docx

her daughter against unknown person. The victim was found at Pune to CWC member. The police recorded her statement. At that time, the victim has not stated anything against anyone, nor stated against the present applicant. Thereafter, police recorded her supplementary statement. In supplementary statement, she has stated that in January 2023, applicant called her in his house and sexually assaulted her by threatening her.

It is the contention of learned counsel for the applicant that applicant has been falsely implicated in this case. At the time of incident, the age of the victim was more than 16 years old. There is delay of four months in lodging the complaint. The applicant is behind the bar for more than two years, yet there is no progress in the trial and requested to allow the application.

It is the contention of the learned APP alongwith learned counsel for respondent no. 2 that applicant sexually assaulted the daughter of the first informant who was 16 years old at the time of incident. The applicant was friend of the uncle of the victim. Due to fear, she did not reveal about the incident to anyone. It is submitted that if applicant is released on bail, he may abscond and threaten the prosecution witnesses and the

2/4

26.2154.24 ba.docx

victim and hence, requested to reject the application.

I have heard all learned counsels. Perused the F.I.R. and documents produced on record. It appears from the record that in the month of January 2023, offence of sexual assault was done with victim and in the month of April 2023, she had given statement to the police about the said act. There is delay of more than three months in giving the statement. No specific date is given of the alleged offence. Moreover, in earlier statement of victim recorded by the police the victim had not stated about the said act done by the applicant. The applicant is behind the bar for more than two years and yet there is no progress in the trial.

Considering these facts, further detention of applicant is not required and I pass following order :

O R D E R

I. The applicant be enlarged on bail in C.R. No. 59 of 2023 registered with Ichalkaranji Police Station on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

3/4

26.2154.24 ba.docx

II. The applicant shall not tamper with the evidence or attempt to influence or contact the victim, witnesses or any person concerned with the case.

III. The applicant shall not contact the victim, her family members and prosecution witnesses.

IV. The applicant shall attend the Trial Court dates, regularly.

The application is allowed in the aforesaid terms and is accordingly disposed off.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

All concerned to act on the authenticated copy of this

order.

[SHIVKUMAR DIGE, J.]

4/4