PRASHANT SAKHARAM ATRE vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

10 BA 655.25.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 655 OF 2025 Prashant Sakharam Atre …Applicant Versus State of Maharashtra & Anr. …Respondents Mr. Tapan Thatte i/by Mr. Vivek N. Arote, Advocate for Applicant. Ms. Anuja Gotad, APP for the State. CORAM: MADHAV J. JAMDAR, J. DATED : 20th March 2025 JUDGMENT.: 1. Heard Mr. Tapan Thatte, learned Counsel for the Applicant and Ms. Anuja Gotad, learned APP for the State. 2. This is the second Bail Application. The first Bail Application bearing Bail Application No.2450 of 2023 has been allowed to be withdrawn by this Court by Order dated 17th January 2024. By the said Order, the Applicant is granted leave to file a fresh Bail Application, if the trial is not concluded within a period of one year. Pursuant to the said liberty, the present Bail Application is filed. 3. The relevant details are as under :- Page 1 of 30 Dusane 10 BA 655.25.DOC 1. C.R. No. 110 of 2023 2. Date of Registration of 21/03/2023 F.I.R. 3. Name of Police Station Dighi Police Station, Pimpri Chinchwad, District-Pune 4. Section/s invoked in F.I.R. 354 (A), 354(B) of the I.P.C., 1860 and u/s 11 and 12 of the Protection of Children from Sexual Offence Act, 2012. 5. Date of Arrest of 21/03/2023 Applicant 6. Date of filing Charge- June 2023 sheet 4. At the outset, Mr. Thatte, learned Counsel for the Applicant submitted that the Applicant is not seeking bail on merits and he is only seeking benefit under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”). It is his submission that the Applicant is first time offender and therefore as per first proviso to Section 479, the Applicant is required to be released on bond by the Court as the Applicant has undergone detention for a period up