Girish Alias Ganesh S/O Chintaman Mahajan vs the State of Maharashtra Thr Pso, Frezarpura Ps Amravati

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1 apeal26.2026.odt

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2026:BHC-NAG:2694

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPEAL NO.26/2026

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(Girish alias Ganesh S/o Chintaman Mahajan Vs. The State of Maharashtra, through Police Station Officer Frezzarpura Police Station, Amravati, District Amravati and another)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. V.R. Borkar, Advocate for the Appellant. Ms. S.S. Dhote, A.P.P. for the Respondent No.1/State. Ms. Ragini Swami, Advocate for the Respondent No.2/Victim.

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CORAM: NEERAJ P. DHOTE, J. DATED: 16.2.2026.

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Heard the learned Advocate for the Appellant, the learned A.P.P. for the State and the learned Advocate for the Respondent No.2/Victim. With their assistance perused the papers.

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This is an Appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “SCST Act”) for regular bail as the bail application below Exh.6 in Special Case No.224/2025 came to be rejected by order dated 31.10.2025 by the Special Court, Amravati.

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The prosecution case, as referred in the impugned order, is reproduced below:-

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a) The victim, a young woman residing in Amravati for police recruitment reparation, became acquainted with the accused through Instagram. Their virtual interaction developed into a romantic relationship involving physical intimacy. During this period, the accused allegedly captured intimate photographs of the victim. Subsequently, the victim was informed by a friend that these photographs had been uploaded to Instagram by a user named

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apeal26.2026.odt

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"Dolly_bhole_ki_diwani_09." When confronted, the accused refused to meet her or remove the images. Later, another friend received the same photographs via WhatsApp. Upon further confrontation, the accused allegedly threatened to circulate additional images unless the victim agreed to meet him. The victim, belonging to a Scheduled Caste and living alone, filed a police complaint. Given the caste dynamics, relevant provisions of the SC/ST (Prevention of Atrocities) Act were invoked.

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The investigation is over and the charge-sheet has been filed. The maximum sentence for the offences under which the charge-sheet is filed is ten (10) years imprisonment. The Appellant is behind bars for a period of 7 months. The learned trial Court had rejected the application on the ground of threat to the Victim. This apprehension that the Victim would be threatened can be taken care of by imposing appropriate conditions. In this view of the mater, the Appellant can be enlarged on bail on following conditions. Hence, the order.

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ORDER

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i) The impugned order dated 31.10.2025 passed by the Special Court, Amravati below Exh.6 in Special Case No.224/2025 is quashed and set aside.

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ii) The Appellant be released on bail in Crime No.431/2025, registered with Frezzarpura Police Station, District Amravati, for the offence punishable under Sections 64(2)(m), 75 and 351(2) of the Bhartiya Nyaya Sanhita, 2023, Sections 66(e) and 67 of the Information Technology Act, Sections 3(1)(w)(ii), 3(2)(v) and

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3 apeal26.2026.odt

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Section 3(2)(va) of the SCST Act on executing P.R. bond of Rs.25,000/- with one surety in the like amount.

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iii) The Appellant shall not tamper with the prosecution evidence in any manner.

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iv) The Appellant shall co-operate with the learned trial Court for early disposal of the case.

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v) The fees of the learned Advocate for the Respondent No.2 is quantified at Rs.7,500/- to be paid by the High Court Legal Services Authority.

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vi) The Appeal is disposed of in the above terms.

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(NEERAJ P. DHOTE, J.)

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Tambaskar.

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Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 16/02/2026 19:49:39

Girish Alias Ganesh S/O Chintaman Mahajan v. the State of Maharashtra Thr Pso, Frezarpura Ps Amravati

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Girish Alias Ganesh S/O Chintaman Mahajan v. the State of Maharashtra Thr Pso, Frezarpura Ps Amravati

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