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Bombay High Court

VAIBHAV VISHNU KALEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court granted anticipatory bail to the applicant, subject to stringent conditions, finding no prima facie evidence of forcible sexual intercourse and noting the consent in the marriage.

Summary

Vaibhav Vishnu Kale applied for anticipatory bail in a case involving alleged assault, sexual offences under the POCSO Act, and child marriage offences. He claimed the marriage to the minor victim was consensual, performed with parental approval, and that no forcible sexual act occurred. The State opposed bail, citing the seriousness of the charges and potential for the accused to influence the victim and witnesses. The Court examined the investigation report, photographs of the marriage, and noted that other co‑accused had already been granted bail. Finding no prima facie evidence of forcible intercourse and considering the consent aspect, the Court granted anticipatory bail with a personal bond and several conditions to prevent interference with the investigation.

Issues considered

  • Whether anticipatory bail should be granted in offences under IPC, POCSO Act and Prohibition of Child Marriage Act.
  • Whether the alleged marriage to a minor was with valid consent, negating the element of forcible sexual intercourse under POCSO.
  • Whether the applicant poses a risk of tampering with evidence or influencing the victim and witnesses.
  • Whether imposing conditions can sufficiently safeguard the investigation while granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • POCSO
  • child marriage
  • sexual assault
  • IPC
  • bail conditions
  • consent

Judgment

2026:BHC-AUG:7311



                                                   1
                                                                       1957.25ABA

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                    933 ANTICIPATORY BAIL APPLICATION NO. 1957 OF 2025

                                       VAIBHAV VISHNU KALE
                                             VERSUS
                             THE STATE OF MAHARASHTRA AND ANOTHER

                                                  ...
                                Advocate for Applicant : Mr.P.A.Bharat
                               APP for Respondent-State : Mr.K.K.Naik
                             Advocate for Respondent no.2 : Mr.V.S.Wakale
                                                  …

                                             CORAM : MEHROZ K. PATHAN, J.
                                             DATE      : 17.02.2026

                    P.C. :


                    1]            Heard the learned counsel for the applicant, the

                    learned APP for the respondent-State and the learned

                    counsel for the respondent no.2.


                    2]            The applicant has approached this Court

                    seeking anticipatory bail in connection with Crime No. I-

                    0590/2025, dated 05.07.2025, registered with Shevgaon

                    Police Station, Tq. Shevgaon, District Ahmednagar, for the

                    offence punishable under Sections 323, 376 (2) (1), 376 (2)

                    (n) of the IPC and under Section 3, 4 of Protection of
                              2
                                                  1957.25ABA

Children from Sexual Offences Act and Sections 9, 10 and

11 of the Prohibition of Child Marriage Act, 2006.


3]          The learned counsel for the applicant submits

that the applicant has married with the victim with the

consent of the entire family members. The marriage was

performed as per Hindu Rites and Ritual with the consent of

the parents of the victim girl. The family of the victim as

well as the family of the applicant are related. The applicant

is falsely roped-in in the present crime. There is delay in

lodging the FIR and the same is concocted one. There was

no forcible sexual intercourse with the victim at the behest

of the present applicant. Nothing is to be recovered at the

instance of the present applicant. The applicant is not

having antecedents and is ready to abide by any conditions

that may be imposed by this Court. Hence, the present

applicant may be released on anticipatory bail.


4]          As against this, the learned APP as well as the

learned counsel for the respondent no.2 vehemently oppose

the present application on the ground that the applicant is
                               3
                                                       1957.25ABA

involved in the serious offence. The stringent provisions of

POCSO Act are also invoked against the present applicant.

The date of birth of the victim is 07.09.2010 and the

applicant is allegedly got married with the victim girl on

26.03.2024     at   Varkhed,      Taluka    Shevgaon,     District

Ahmednagar. There are allegations of harassment by the

applicant and relatives of the applicant on the ground that

her mother had not accepted the marriage. She was

subjected to sexual relations against her will by the

applicant. On 03.06.2025, she was assaulted by means of

kick blows and fist blows and driven out of the house by the

applicant.   On     04.06.2025,    she     went   to   Snehalaya

Institution, Ahmednagar and was later admitted by MIDC

Police to Children Observation Home, Ahmednagar. Hence,

taking into consideration gravity of the offence, the

applicant may not be released on anticipatory bail.


5]           I have gone through the investigation papers,

made available by the learned APP. Perusal of the

investigation papers as well as the photographs of the
                              4
                                                  1957.25ABA

marriage show that the present applicant got married with

the victim girl with the consent of the mother of the victim.

The relevant provisions of Sections 9, 10 and 11 of the

Prohibition of Child Marriage Act, 2006 are invoked against

the present applicant. Perusal of the FIR shows that the

applicant got married with the victim girl out of her own

will without any coercion. Thereafter, after few months of

marriage, harassment had started at the behest of the

present applicant and father in law Vishnu Kale, mother in

law Bhimbai and brother in law Avinash Kale of the victim

girl. The brother as well as parents of the present applicant

are already protected by the learned Special Judge [POCSO

Act] & Additional Sessions Judge, Ahmednagar, vide order

dated 25.08.2025 in Cri.M.A.[Bail] No.1073/2025. Taking

into consideration the nature of allegations, it appears that,

the marriage was performed with the consent of the victim

and her mother. Though the provisions of POCSO Act are

attracted against the present applicant in the present case,

however, absence of any forcible act on the part of the

applicant, is worth consideration. Other accused persons,
                                5
                                                    1957.25ABA

who are equally alleged of the stringent provisions of

POCSO Act as well as Child Prohibition Act are already

released on anticipatory bail by the learned Sessions Court,

vide order dated 25.08.2025. The custodial interrogation of

the applicant may not be necessary in the present case. The

apprehensions of the learned APP as well as the learned

counsel for the respondent no.2 that the applicant may

threaten the prosecutrix / victim and thereby cause

prejudice to the prosecutrix or her mother and other family

members, can be taken care of by imposing certain

conditions   upon    the     applicant   while   releasing    on

anticipatory bail. Hence the following order :

                           ORDER


      I]     In the event of arrest of the applicant, he be
      released on furnishing P.R. bond of Rs.50,000/-
      [Rs. Fifty Thousand], with two solvent sureties in the
      like amount, in connection with Crime No. I-
      0590/2025,     dated     05.07.2025,   registered      with
      Shevgaon Police Station, Tq. Shevgaon, District
      Ahmednagar, for the offence punishable under
      Sections 323, 376 (2) (1), 376 (2) (n) of the IPC and
      under Section 3, 4 of Protection of Children from
                               6
                                                     1957.25ABA

     Sexual Offences Act and Sections 9, 10 and 11 of the
     Prohibition of Child Marriage Act, 2006, on the
     following conditions :


     A]    The   applicant     is   directed   to   attend   the
     concerned    police     station    and    report   to   the
     Investigating Officer on 21.02.2026, 23.02.2026,
     28.02.2026, 02.03.2026, 07.03.2026 and 09.03.2026
     between 11.00 a.m. and 1.00 p.m. and thereafter as
     and when called by the Investigating Officer till filing
     of the charge sheet.


     B]    The applicant shall also co-operate with the
     investigation.


     C]    The applicant shall not enter village Varkhed,
     Taluka Shevgaon, Dist. Ahmednagar where the victim
     along with her mother are residing.


     D]    The    applicant     shall   not    pressurize    the
     prosecution witnesses and shall not tamper with the
     prosecution evidence, in any manner.


     E]    The applicant shall not enter Shevgaon, Taluka
     Shevgaon, District Ahmednagar, except for attending
     the Police Station on given dates.


6]         Needless to say, violation of any of the aforesaid
                               7
                                                  1957.25ABA

conditions shall entitle the prosecution or complainant to

seek cancellation of the anticipatory bail.


7]          The observations made herein above are prima

facie in nature and shall not influence the Trial Court while

deciding the case on its own merits.


8]          The Anticipatory Bail Application is disposed of

accordingly.



                                   [MEHROZ K. PATHAN]
                                         JUDGE
DDC


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