Kalpesh Nanasaheb Dhulsaindar vs The State Of Maharashtra And Another
2026 Latest Caselaw 1519 Bom

Bombay High Court

Kalpesh Nanasaheb Dhulsaindar vs The State Of Maharashtra And Another on 10 February, 2026

2026:BHC-AUG:5759



                                                               954 BA No.2444.2025
                                              -1-

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           BAIL APPLICATION NO. 2444 OF 2025

                             KALPESH NANASAHEB DHULSAINDAR
                                            VERSUS
                         THE STATE OF MAHARASHTRA AND ANOTHER
                                               ...
              Advocate for Applicant : Mr. Narayan B. Narwade
              APP for Respondents-State : Mr. P. P. Dawalkar
              Advocate for Respondent No. 2 : Mr. Rajendra K. Temkar
                                               ...

                              CORAM : SACHIN S. DESHMUKH, J.
                                 Date : 10th February, 2026

              ORDER :

-

1 The applicant has approached this Court seeking

regular bail in connection with FIR dated 07.04.2025 bearing Crime

No. 251 of 2025 registered with Sangamner Taluka Police Station

for the offences punishable under Sections 64, 65(1), 78, 137(2),

3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 11(4), 12

and 17 of Protection of Children from Sexual Offences Act, 2012.

2. The case of the prosecution is that the informant filed a

complaint against applicant Kalpesh and Ganesh. According to the

informant, Ganesh Sable, a watchman at her school, introduced her

to his maternal uncle / applicant. Following this introduction,

Ganesh Sable repeatedly insisted the informant to marry his uncle

boasting of his land and wealth. When the informant refused to

provide her contact number to applicant, started stalking and

chasing her in his four-wheeler during her daily commute between

Vadgaonpan Phata and Pokhli Haveli.

3. It is further alleged that on 04.04.2025 approximately

at 07:30 am, the situation escalated when applicant intercepted the

informant in front of her school. Applicant asked her to accompany

him, and upon refusal on the part of victim, applicant forcibly

grabbed hand, committed acts intended to outrage her modesty

and coerced into his vehicle. Applicant then transported to the

Maruti temple in Kanhe Ghat, where he again insisted for marriage.

4. Following her continued refusal, applicant returned to

the school premises at 04.04.2025 at 11:30 am before fleeing the

scene. Distressed by the encounter, the informant initially disclosed

the incident to her grandmother and cousin. Accordingly, the FIR

came to be lodged.

5. The learned counsel for the applicant submits that the

the allegations leveled against the applicant are entirely baseless,

concocted and fueled by a personal misunderstanding rather than

any criminal intent. The narrative presented by the informant fails

to establish a prima facie case of kidnapping or criminal force. The

investigation is complete and the charge-sheet is filed. Further

incarceration of the applicant is unjustified. Hence, it is prayed that

the application be allowed.

6. The learned APP and the learned counsel for respondent

No. 2 have vehemently opposed the application, submitting that

the accused is involved in a serious offence involving the

kidnapping and molestation of a minor girl. The systemic stalking

and subsequent physical coercion exercised by the accused has

caused severe psychological trauma to the minor victim. If the

applicant is enlarged on bail, there is every possibility of tampering

with the prosecution evidence. As such, it is prayed that the

application be rejected.

7. Considering the submissions of both sides and perusing

the material on record, including the charge sheet and the FIR, it

indicates that while the allegations involve the abduction and

outraging of a minor's modesty, the factual matrix prima facie

indicates that the victim returned to school by 11:30 am on the

same day.

8. Pertinently, the allegations prima facie indicates that

the accused took the victim in his car and purportedly proposed

marriage, which victim refused. Upon the refusal, applicant

promptly dropped the victim back at the school premises. The

victim has specifically alleged that the applicant held her hand,

asserting that this act constituted an outrage the modesty.

However, apart from this assertion, the record is devoid of any

other elements of force or coercion. Thus, the custodial

interrogation of the accused is no longer necessary for the purpose

of further investigation.

9. Nevertheless, the investigation of the case has been

completed and eventually the charge-sheet is also filed. Nothing

remains to be recovered at the instance of applicant. The arrest of

the applicant is effected on 15.09.2025 and since then, he is in jail.

Thus, no fruitful purpose would be served by keeping the accused

behind the bar.

10. Keeping in view the peculiar facts and circumstances of

the case, the applicant's right to liberty needs to be upheld by

imposing stringent conditions. The learned APP's and the learned

counsel for respondent No. 2's apprehension about tampering with

the prosecution evidence can be adequately taken care of by

imposing stringent conditions. In that view of the matter, the

applicant deserves to be released on bail.

11. Resultantly, following order is passed :-

ORDER

(I) Application is allowed.

(II) Applicant - Kalpesh Nanasaheb Dhulsaindar be released on regular bail on furnishing P.R. bond of Rs.

50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, in connection with Crime No. 251 of 2025 registered with Sangamner Taluka Police Station for the offences punishable under Sections 64, 65(1), 78, 137(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 11(4), 12 and 17 of Protection of Children from Sexual Offences Act, 2012, on the following conditions :-

(a) The applicant shall attend each and every date of the Trial Court, unless exempted by the Trial Court.

(b) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(c) The applicant shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.

(d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move the concerned Trial Court seeking cancellation of bail.

(III) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same.

(SACHIN S. DESHMUKH, J.)

Omkar Joshi