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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 351, 351(2), 352, 64, 64(2)(m)
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.
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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.”
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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.
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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.
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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.]
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