NILESH SURYAKANT NETAKE vs STATE OF MAHARASHTRA

Judgment text excerpt

9-BA-2228-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2228 OF 2025 Nilesh Suryakant Netake …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Chaitanya Purankar, for the Applicant. Mr. D. J. Haldankar, APP, for the Respondent No.1-State. Ms. Shanice Mansukhani, for the Respondent No.2. Mr. Ajay Murlidhar Pataskar, Police Hawaldar, attached to Haveli Police Station, Pune, present. CORAM: MADHAV J. JAMDAR, J. DATED : 5th AUGUST 2025 JUDGMENT:- 1. Heard Mr. Purankar, learned Counsel appearing for the Applicant, Mr. Haldankar, learned APP appearing for the Respondent No.1-State and Ms. Mansukhani, learned Counsel appointed to represent the Respondent No.2. 2. This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973 (“CrPC”) seeking that Applicant be enlarged on bail in connection with C.R. No.275 of 2021 dated 22nd December 2021 registered with the Haveli Police Page 1 Sonali 9-BA-2228-2025.DOC Station, Pune. The said FIR has been lodged alleging commission of the offence punishable under Sections 377 and 506(II) read with 34 of the Indian Penal Code, 1860 (“IPC”) and under Sections 3, 4, 5(g), 6, 7, 8, 9(g), 10, 11(ii), 12, 13, 14, 15 and 16 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) and Section 67-B of the Information Technology Act, 2000. 3. It is the main contention of Mr. Purankar, learned Counsel appearing for the Applicant that the Applicant was merely present when the incident took place and he has not played any role in the incident in question. He further submits that the Applicant has been arrested on 22nd December 2021 and till date there is no progress in the trial and therefore, the Applicant be enlarge