Shubham Dilip Korane vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Shubham Dilip Korane vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant directed to be released on bail in Crime No.793 of 2024 (Shahupuri Police Station, Kolhapur) on executing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions: (iii) shall not contact the victim; (iv) shall not enter the limits of Kolhapur District except to attend Trial Court dates; (v) liberty to the State and the victim to apply for cancellation of bail on breach of any condition.

Issue for consideration

Whether the applicant should be released on regular bail in connection with Crime No.793 of 2024 (Shahupuri Police Station, Kolhapur) for offences punishable under Sections 75, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the POCSO Act.

Court's answer

Considering that the applicant has been in jail for nine months, that the trial is still at the stage of framing of charge and not likely to be concluded in the near future, and that the applicant is willing to stay out of Kolhapur District, the court is inclined to release him on bail.

Ratio / Principle

Release on bail is made subject to conditions, including that the applicant shall not enter into the limits of Kolhapur District except to attend the dates before the Trial Court (and shall not contact the victim), with liberty to the State and the victim to seek cancellation of bail on breach.

Detailed headnote1 paragraphs

Bail — Regular bail — Offences under Sections 75, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (Crime No.793 of 2024, Shahupuri Police Station, Kolhapur) — Allegation that applicant stalked and threatened the victim to marry him on pain of an acid attack; earlier crime registered on 28.05.2023 under IPC and POCSO Act, applicant arrested and later released on bail; further allegation that on 11.08.2024 he called the victim and threatened to kill her and her parents if she did not withdraw the earlier case — Applicant in jail for nine months; trial still at the stage of framing of charge and not likely to conclude in the near future; applicant willing to stay out of Kolhapur District — Held, bail granted on P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, on conditions that the applicant shall not contact the victim and shall not enter the limits of Kolhapur District except to attend Trial Court dates; liberty reserved to the State and the victim to seek cancellation of bail on breach. (Paras 25, 27-35)

907-BA-66-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 66 OF 2025

Shubham Dilip Korane Versus The State of Maharashtra & Anr.

...Applicant

...Respondents

Mr. Shekhar Ingawale, Advocate for the Applicant. Mr. C. D. Mali, A.P.P. for the Respondent – State.

CORAM : N. R. BORKAR, J. DATE : 09^th MAY, 2025.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.793 of

2024 registered at Shahupuri Police Station, District : Kolhapur, for the offences punishable under Sections 75, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

It is alleged that the applicant was stalking and threatening victim that if she refused to marry him, he would

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throw acid on her. The report was thus lodged and on the basis the said report on 28.05.2023, crime was registered against the applicant for the offences punishable under IPC and POCSO Act. The applicant was arrested and later released on bail. It is alleged that thereafter the applicant started threatening the victim to withdraw the case. It is alleged that on 11.08.2024, the applicant called the victim and threatened to kill her and her parents, if she did not withdraw the earlier case.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

The learned counsel for the applicant submits that the applicant came to be implicated in a false case as he got bail in earlier case. It is submitted that the applicant is in jail for nine months and the trial is not likely to be concluded in the near future as it is still at the stage of framing of charge. It is submitted that the applicant is willing to stay out of Kolhapur District. It is thus submitted that the applicant may be released on bail.

On the other hand, the learned A.P.P. for the

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Respondent-State submits that considering the conduct of the applicant, he may not be released on bail as, if released, he may again threaten the victim.

The applicant is in jail for nine months and the trial is not likely to be concluded in near future as it is still at the stage of framing of charge. Considering the said fact and as the applicant is willing to stay out of Kolhapur District, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.793 of 2024 registered at Shahupuri Police Station, District : Kolhapur, for the offences punishable under Sections 75, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not contact the victim;

(iv) The applicant shall not enter into the limits of Kolhapur District except to attend the dates before the Trial Court;

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(v) Liberty is granted to the State and the victim to file an application for cancellation of bail, if the applicant commits breach of any of the above condition;

(vi) Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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