Grant of anticipatory bail is permissible when the investigation is complete and the chargesheet is filed, provided stringent conditions are imposed to prevent the accused from influencing witnesses or the victim.

PC:-

1. Heard Mr. Dighe, learned Counsel appearing for the Applicant, Ms. Newton, learned APP appearing for the Respondent State and Mr. Gharbudave, learned Counsel appearing for the Respondent No.2.

2. By this application filed under Section 482 of the Bharatiya Nagarik Surakhsa Sanhita, 2023 (“BNSS”), the Applicant is seeking pre-arrest bail in connection with C.R. No.406 of 2025 registered on 10th August 2025 with Nashik Road Police Station, Nashik City for the offences punishable under Sections 74 and 78 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and for the offences Punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO”).

3. As per the prosecution on 09th August 2025 at around 08:30 pm when victim came out of her house, the Applicant held her hand and tried to molest her.

4. This Court by order dated 20th September 2025 has granted ad-interim protection to the Applicant. The chargesheet is already filed on 06th October 2025. Thus, the investigation is completed. The only apprehension which is raised by Mr. Gharbudave, learned Counsel appointed to represent the interest of the Respondent No.2 is that the Applicant and the First Informant are staying in the same locality and the family of the Applicant is very influential. He therefore submits that in case this Court is inclined to grant Anticipatory Bail then the Applicant be directed not to enter village Shevge Darna, Taluka and District Nashik. In view of the said contention raised by learned Counsel appearing for the Respondent No.2, Mr. Dighe, learned Counsel appearing for the Applicant on instructions of the Applicant submit that the Applicant will not enter said village Shevge Darna, Taluka and District -Nashik and will reside at the residence of his maternal uncle i.e. C/o Yogesh R. Katore, Vanjarwadi, Taluka and District –Nashik.

5. Accordingly, the case is made out for grant of Anticipatory Bail by imposing stringent conditions. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant- Bhushan Chandrakant Kasar in connection with C.R. No.406 of 2025 registered with Nashik Road Police Station, Nashik City the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall not enter village Shevge Darna Taluka and District Nashik, till conclusion of the trial.

(c) The Applicant shall report to the Deolali Camp police station District - Nashik once in a month i.e. on First Sunday between 11:00 a.m. to 02:00 p.m.

(d) The Police Inspector of Deolali Camp police station, District Nashik to communicate details thereof to the Investigating Officer.

(e) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(f) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(g) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

6. The Anticipatory Bail Application is disposed of accordingly.