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2026 Supreme(Online)(Bom) 3547

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE S. G. DIGE
JANU ALIAS JANYA ANANTA WAGHMARE – Appellant
Versus
STATE OF MAHARASHTRA AND ANR – Respondent
BA/340/2026



2026:BHC-AS:11489 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 340 OF 2026 Janu Alias Janya Ananta Waghmare … Applicant Versus The State of Maharashtra and Anr. … Respondents Digitally signed NILAM by NILAM ____________________________________________________________

SANTOSH S K A A N M T B O L S E H KAMBLE Date: 2026.03.09

18:01:07 +0530 Ms.Pooja Agarwal, for the Applicant (Through V.C.)

Mr.S.M. Mangaonkar, APP for Respondent-State.

Mr.Siddharth Sutaria, for Respondent No.2.

Mr.Prakash Waghmare, PSI, Lonavala Gramin Police Station.

____________________________________________________________

CORAM : SHIVKUMAR DIGE, J.

DATE : 05th MARCH 2026 P.C. :

. By this Application, the Applicant is seeking regular bail in Crime No.297 of 2024 registered with Lonavala Rural Police Station, Pune for the offences punishable under Sections 64, 74, 87, 96 and 333 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) and Sections 4,8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ for short).

2. It is prosecution’s case that the Applicant kidnapped minor daughter of the First Informant and sexually assaulted her.

3. It is contention of learned counsel for the Applicant that the Applicant has been falsely implicated in this case. The Applicant is behind bars for more than one year and four months. There was love affair between the Applicant and the victim. There is delay in lodging the complaint. The Applicant has no antecedents, and requested to allow the Application.

4. It is contention of learned APP that at the time of the incident, victim was around 15 years old. The Applicant kidnapped her and sexually assaulted her. If the Applicant released on bail, he may abscond or threaten Victim, First Informant and prosecution witnesses, and requested to reject the Application.

5. The learned counsel for Respondent No.2, on instructions, submits that the First Informant has no objection to allow the bail Application.

6. I have heard all learned counsel. Perused charge-sheet and documents produced on record.

7. There is delay in lodging the Complaint. At the time of the incident, the victim was more than 15 years old. The Applicant is behind bars for more than one year and four months. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial.

8. Considering these facts, I pass following order.

ORDER (i) The Applicant be released on bail in Crime No.297 of 2024 registered with Lonavala Rural Police Station, Pune on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Leave to file Vakalatnama of Respondent No.2.

(vi) Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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