Citation : 2026 Latest Caselaw 1215 Bom
Judgement Date : 3 February, 2026
2026:BHC-NAG:1741
Order 030226ba1399.25
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [BA] NO. 1399 OF 2025.
Saurabh Dipankar Telgote.
-VERSUS-
The State of Maharashtra
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri S.V. Sirpurkar, Advocate for the Applicant.
Shri A. Mate, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J.
DATE : FEBRUARY 03, 2026.
Heard.
2. The applicant came to be arrested on 16.07.2025 in
connection with Crime No.213/2025 registered with
Ramdaspeth Police Station, Akola for the offence punishable
under Sections 74, 75, 78, 132, 352, 351[2], 352[3] of the
Bhartiya Nyaya Sanhita, 2023 (BNS) and Sections 66[C] and
67 of the Information Technology Act, 2000. Charge sheet is
filed and Sections 75[1], [2], [4] and 238 of the BNS came to
be added.
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3. The first information report is lodged by a Lady
Judicial Officer, alleging that the applicant used to frequently
visit her Court when his matters were not on boards, and used
to make frequent applications for taking his matters on board.
He used to stalk the informant even when the informant
showed her disinclination. He was also given a warning of
taking disciplinary action, but, there was no change in his
behaviour. It is alleged that on 05.07.2025 the applicant
forcibly entered the chamber to meet the informant, where he
even assaulted the peon, when he was asked to leave. The
incident was informed to the Senior Judicial Officer. The
applicant used to send vulgar messages to the informant
through social media i.e. whatsapp, instagram etc., and has
threatened to kill her on multiple occasions. On the basis of
this material, the first information report came to be filed.
4. The learned Counsel for the applicant submits that
prima facie there are serious allegations against the present
applicant. The first information was lodged by the Lady
Judicial Officer about outraging of modesty, stalking. The
applicant has been charged under the various provisions of the
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BNS and Information Technology Act and the maximum
punishment provided for all the offences is less than 5 years,
except Section 351[3] of BNS, which is less than 7 years,
however, that offence is non-cognizable and bailable. It is
further submitted that considering the fact that the concerned
Judicial Officer is now transferred from Akola, the applicant be
granted bail on an undertaking that he will not commit similar
type of offence. My attention is invited to the penal provisions,
wherein the maximum punishment for the offences under
Section 354 is of 5 years and so far as other offences are
concerned, it is of 3 years or less, therefore, one chance be
granted to the applicant considering his profession, by
imposing any stringent condition. Lastly it is submitted that
investigation is complete and charge sheet is also filed, the
applicant is behind bars from 16.07.2025, therefore, he may be
enlarged on bail.
5. The learned A.P.P. on the other hand submits that
the applicant has committed serious offence against a Lady
Judicial Officer. Applicant being in the profession of
Advocacy, he ought to have maintained discipline, however, by
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not doing so, and in aggravated form has committed the
offence. My attention is invited to various chats, wherein the
applicant has not only used filthy language against the said
Officer, but, has also sent sexual remarks/ chats to her, which
not only tarnishes the dignity of the lady Judicial Officer, but,
also the post which she holds. It is submitted that considering
the seriousness of the offence, and voluminous record collected
by the investigating officer, the applicant does not deserve to
be released on bail.
6. I have heard the rival submissions of the parties.
No doubt there are serious allegations made against the
applicant. I have also gone through the first information report
and material collected by the investigating officer, annexed
with the charge sheet. It could be gathered from the said chats
that the applicant has sent sexually coloured chats, which is
against the chastity of the informant lady. Such behaviour is
not expected from the applicant, who is in the noble
profession. After going through all these chats, it not only
shocked my conscience, but, a question came to my mind as to
how a person, who is in the noble profession would indulge in
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such kind of offence.
7. As is argued by the learned Counsel for the
applicant that the applicant is in jail since 16.07.2025 and
almost 7 months are over, investigation is complete and though
charge sheet is filled, charges are yet to be framed. According
to him one chance be given to the applicant for reformation
and to take necessary treatment as he has seems to have lost his
psychological balance. Though I am not so convinced with this
submission, however, the fact remains that maximum
punishment provided under the statute is less than 7 years for
the offences with which the applicant is charged, and the
applicant is behind bars since 16.07.2025 i.e. for almost 7
months. Further the Lady Judicial Officer has now been
transferred from Akola, therefore, as the investigation is over
and charge sheet is filed, I am granting him bail on following
stringent conditions. Hence the order.
ORDER
(i) Criminal Application is allowed and disposed of.
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Order 030226ba1399.25
(ii) The applicant /accused Saurabh Dipankar
Telgote be released on regular bail in connection with Crime No.213/2025 registered with Ramdaspeth Police Station, Akola for the offence punishable under Sections 74, 75[1], [2], [4], 78, 132, 238, 352, 351[2], 352[3] of the Bhartiya Nyaya Sanhita, 2023 (BNS) and Sections 66[C] and 67 of the Information Technology Act, 2000 on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount.
(iii) The applicant/accused shall not commit similar type of offence.
(iv) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial.
(v) The applicant/accused shall directly or indirectly not try to contact the informant, either personally or through social media i.e. whatsapp, instagram etc.
(vi) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.
(vii) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency.
(viii) The accused shall attend the concerned police station twice in a month i.e. 1 st and 3rd Sunday between 10 a.m. to 2 p.m till the trial
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commences, and shall further attend each and every date of trial regularly. Failure on his part to attend the police station/trial for two consecutive dates, or to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. Even the trial Court may take suo motu cognizance of this fact.
(ix) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial.
(x) Misc. Applications, if any, are also disposed of.
JUDGE
Signed by: R.G. Dhuriya (RGD) Designation:Rgd.
PS To Honourable Judge Date: 03/02/2026 18:33:31
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