Bombay High Court

SHARAD ANIL BANSODEversusSTATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

Anticipatory bail was granted to the applicant.

Summary

The applicant, Sharad Anil Bansode, sought anticipatory bail in a criminal case (CR No. 352 of 2021) alleging that the victim, now a major, had voluntarily left her home and married the applicant on 23 May 2023. The victim's statement, recorded on 27 August 2023, confirmed that she married the applicant after attaining majority and was residing happily with him. The State, through its APP, accepted the victim's statement and indicated that custodial interrogation of the applicant was unnecessary. Both the applicant's counsel and the victim's counsel corroborated the marriage and the victim's age of majority. Relying on these facts, the Court affirmed its earlier order dated 31 August 2023 and granted anticipatory bail to the applicant, disposing of the application.

Issues considered

Whether anticipatory bail should be granted to the applicant given the victim's voluntary marriage after attaining majority and the absence of need for custodial interrogation.

Subjects

anticipatory bail
age of majority
marriage
Criminal Procedure Code
bail

Judgment

                                                                                     31 - ABA - 2400 - 2023.docx


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                          CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:07 +0530              CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2400 OF 2023

                      Sharad Anil Bansode                                     … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                         … Respondents

                      Mr. Dhavalsinh Patil i/by Mr. Prashant Hagare for the
                      Applicant.
                      Ms. Mahalaxmi Ganapathy, APP for the State.
                      Mr. Ranjeet Patil for the Victim.



                                                         CORAM         : ASHWIN D. BHOBE, J.

                                                         DATED         : SEPTEMBER 22, 2026
                      P.C.:


                      1.      Heard Mr. Dhavalsinh Patil, learned Advocate for the Applicant,

                      Mr. Ranjeet Patil, learned Advocate for the Victim, and Ms. Mahalaxmi

                      Ganapathy, learned APP for the State.


                      2.      Reference to the order dated 31st August 2023 passed in this

                      Application would be relevant:

                              “1)    Heard the learned Counsel for the parties.

                              2)     The Court is informed that the statement of the victim came to be
                              recorded on 27th August 2023 and the victim has stated that she had left the
                              home on her own and after attaining the age of majority she has solemnized
                              the marriage with the applicant on 23rd May, 2023.

                              3)     The first informant appears to be the father of the victim. The first
                              informant has been impleaded as a party respondent to this application.

                              4)     Issue notice to the respondent No. 2, returnable on 5th October, 2023.




                      VRJ                                                                                     1
                                                            31 - ABA - 2400 - 2023.docx


      5)      The Investigating Officer shall serve the respondent No. 2 and file a
      report.

      6)     In the meanwhile, in view of the developments, adverted to above, the
      applicant shall not be arrested in CR.No. 352 of 2021.”


3.    Mr. Dhavalsinh Patil, learned Advocate for the Applicant, states

that the Applicant has performed marriage with the Victim upon her

attaining the age of majority.


4.    Mr. Ranjeet Patil, learned Advocate for the Victim, confirms the

said statement and submits that the Victim is major, she is married to

the Applicant and is happily residing with the Applicant.


5.    Ms. Mahalaxmi Ganapathy, learned APP for the State, on

instructions from the Investigating Officer, states that the statement of

the Respondent-Victim has been recorded in Crime No. 352 of 2021 and

the Respondent-Victim has confirmed the statements made by the

learned Advocate for the Applicant and the learned Advocate for the

Victim. To clarify, she submits that the Respondent-Victim, upon

attaining majority, has married the Applicant and they are staying

together.


6.    In view of the above, Ms. Mahalaxmi Ganapathy, on instructions

from the Investigating Officer, states that the custodial interrogation of

the Applicant is not required.


7.    Based on the statement made by Ms. Mahalaxmi Ganapathy,




VRJ                                                                                  2
                                                    31 - ABA - 2400 - 2023.docx


learned APP for the State, this Application is allowed by confirming the

order dated 31st August 2023.


8.    Anticipatory Bail Application No.2400 of 2023 is allowed and

disposed of.



                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                          3

Continue reading with your account

Checking your session…