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Bombay High Court

VIRAJ RAMDAS KOLTEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that anticipatory bail is warranted, subject to strict conditions, as the case does not preclude the grant of bail under Section 482.

Summary

The applicant, Viraj Ramdas Kolte, a student, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for offences alleged under Sections 64, 64(2)(m), 115(2), 351, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant, in a consensual relationship, blackmailed the complainant with nude photographs and committed sexual assault on multiple occasions, resulting in a complaint lodged at Chandannagar Police Station, Pune. The applicant contended that there were no criminal antecedents, he was merely a student, and he would surrender his phone and laptop. The court examined the material, noted the consensual nature of the relationship, and considered the seriousness of the allegations, ultimately granting anticipatory bail with stringent conditions including a personal bond, regular police reporting, and prohibitions on tampering with evidence or influencing witnesses. The order directed the applicant to appear at the police station on specified dates and to provide his contact details, while imposing a surety of Rs.30,000.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving alleged sexual assault and blackmail.
  • Whether the seriousness of the alleged offences and the possibility of evidence tampering justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • sexual assault
  • blackmail
  • student
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • conditions of bail

Judgment

                                                                        30-ABA-2306-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

ARJUN                         ANTICIPATORY BAIL APPLICATION NO.2306 OF 2026
VITTHAL
KUDHEKAR              Viraj Ramdas Kolte                                   …Applicant
                             Versus
Digitally signed by
ARJUN VITTHAL         The State of Maharashtra                             …Respondent
KUDHEKAR
Date: 2026.08.27
15:17:44 +0530


                      Ms. Pratiksha A. Thube a/w Hariyash Kamthe i/b Shreekrishna
                      More, for the Applicant.
                      Ms. M. R. Tidke, APP, for the Respondent-State.


                                            CORAM:       MADHAV J. JAMDAR, J.
                                            DATED:       24 AUGUST 2026
                      PC:-


                      1.      Heard Ms. Thube, learned Counsel appearing for the

                      Applicant and Ms. Tidke, learned APP, for the Respondent-State of

                      Maharashtra.



                      2.      By this Anticipatory Bail Application filed under Section 482

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is

                      seeking pre-arrest bail in connection with CR No.254 of 2026

                      registered with the Chandannagar Police Station, Pune City, for the

                      offences punishable under Sections 64, 64(2)(m), 115(2), 352,

                      351 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.




                                                      Page 1
                      Arjun
                                                   30-ABA-2306-2026.DOC




3.        The prosecution case is set out in Paragraph Nos.2 and 3 of

the Order dated 21st July 2026 passed by the learned Special

Judge (under POCSO Act), Pune in Criminal Bail Application

No.3444 of 2026, which reads as under:


     “2] In short prosecution case is that accused and informant
         known to each other. They became friends and
         thereafter, they felt into love with each other. They have
         started talking to each other. Thereafter, when she was
         residing at hostel, accused started restrictions on her and
         used to beat her. In the year 2024, when she was serving
         in one medical shop, accused used to call her and
         suspecting on her character. He used to call her by video
         call and asked her to remove the clothes. He asked her to
         send nude photographs of her. They were in love
         therefore, she has send her nude photographs to him.
         Thereafter, he has started blackmailing by that
         photographs. She went to Gujarat for the service.
         Accused went there. They resided together. He has
         committed sexual intercourse with her by threatening to
         viral her nude photographs. In the year 2026, she came
         to Pune. At that time also he has committed sexual
         intercourse with her against her will. On 04/05/2026, he
         called her on the lodge at Pune, demanded physical
         relations. She denied for that but he has committed
         sexual intercourse against her will. He has assaulted her
         on her face. Therefore, she sustained injury on her face.
         Therefore, she has lodged report against the accused.
     3]    Offence is registered at Chandannagar Police station in
           connection with Crime No.254/2026 against the accused
           for the offences punishable under 64, 64(2)(m), 115(2),
           351, 351(2) and 352 of the Bharatiya Nyaya Sanhita,
           2023.”




                                  Page 2
Arjun
                                                30-ABA-2306-2026.DOC




4.      It is the submission of Ms. Thube, learned Counsel for the

Applicant, that the Applicant is a student. She submits that as the

Applicant and the First Informant were taking education together,

there was a love affair between them. She submits that the First

Informant is employed in the IT industry. She submits that the

Applicant is not involved in the crime. She submits that there are

no other criminal antecedents against the Applicant and, therefore,

the Anticipatory Bail Application be granted.



5.      Ms. Thube, learned Counsel states that the Applicant will

surrender his cell phone and laptop.



6.      On the other hand, Ms. Tidke, learned APP, strongly opposes

the Anticipatory Bail Application.



7.      Perusal of the material on record shows that the Applicant

and the First Informant were in consensual relationship. The

Applicant is a student.




                                Page 3
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                                                   30-ABA-2306-2026.DOC




8.      Thus, in the facts and circumstances, case is made out for

grant of anticipatory bail by imposing conditions. In view thereof,

the following Order is passed:


                              ORDER

        (a)   In the event of arrest of the Applicant - Viraj Ramdas

              Kolte in connection with CR No.254 of 2026

              registered with the Chandannagar Police Station, Pune

              City, the Applicant is directed to be released on bail on

              his furnishing PR Bond in the sum of Rs.30,000/- with

              one or two solvent sureties in the like amount.

        (b)   The Applicant shall attend the concerned Police

              Station on 1st September 2026 and 2nd September

              2026 between 11:00 am and 02:00 pm and,

              thereafter, once in a week i.e. on every Monday

              between 11:00 am and 02:00 pm, till filing of the

              Charge-sheet.

        (c)   The Applicant shall furnish his cell phone number and

              residential address to the Investigating Officer and

              shall keep the same updated, in case of any change

              thereto.




                                 Page 4
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                                                   30-ABA-2306-2026.DOC




        (d)   The Applicant shall not directly or indirectly make any

              inducement, threat, or promise to any person

              acquainted with the facts of the case so as to dissuade

              such a person from disclosing the facts to the Court or

              to any Police personnel.

        (e)   The Applicant shall not tamper with the prosecution

              evidence and shall not contact or influence the

              Complainant or any witness in any manner.


9.      The Anticipatory Bail Application is disposed of accordingly.




                                           [MADHAV J. JAMDAR, J.]




                                 Page 5
Arjun


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