SARTHAK S/O LAKSHMAN DESHMUKHEversusSTATE OF MAHARASHTRA AND ANR

                                                 913-ABA-2493-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2493 OF 2026


Sarthak S/o. Lakshman Deshmukhe                      …Applicant
      Versus
The State of Maharashtra & Anr.                      …Respondents


Mr. Shailesh S. Kharat, for the Applicant.
Mr. S. V. Walve, APP, for Respondent No.1-State.
Ms. Rutuja Gaonkar i/b. Mr. Irfan Unwala, for Respondent No.2-
Complainant.
Ms. Archana Gadhave, API, attached to Hadapsar Police Station,
Pune, present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     22nd SEPTEMBER 2026
PC:-


1.       Heard Mr. Kharat, learned Counsel appearing for the

Applicant, Mr. Walve, learned APP appearing for Respondent No.1-

State and Ms. Gaonkar, learned Counsel appearing for Respondent

No.2.



2.       This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail

in connection with C.R. No.436 of 2026 registered with Hadapsar

Police Station, Pune City, Pune, for the offences punishable under




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Sections 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita,

2023 (“BNS”) and Sections 4, 8 and 12 of the Protection of

Children from Sexual Offences Act, 2012 (“POCSO Act”).



3.       The prosecution case is set out in paragraph No.2 of the

order dated 1st August 2026, passed by the learned Special Judge,

POCSO, Pune, in Criminal Bail Application No.3675 of 2026, which

reads as under:



            “2] The prosecution's case in short, is as under :-
            complainant is the mother of the victim girl age
            of 16 years. She filed complaint in Hadapsar
            Police Station alleging that her daughter (victim)
            on 24/07/2026 went in Tupe Sadhana Vidhyalay
            for examination. At about 5.00 p.m. she return to
            home she was crying. On inquiry she disclose that
            before 5 months back she went to the house of
            her friend at Gondale nagar there she acquainted
            with the applicant as he was the friend of her
            friend. She further told that one day she and her
            friend were roaming in. the garden. At that time
            applicant came there and demanded her mobile
            number. She refused it after some days she has
            given her mobile number. They frequently talked
            on mobile phone. She further told that in the
            month of January, 2026 applicant called her for
            party in his house. When she went nobody was
            present there. On inquiry applicant told her other
            friends were went in market for bringing the
            party articles. She told that applicant took her in
            the bedroom and come to close her. When she
            obstructed he did forceful penetrative sexual
            assault on her. He also gave threat to her saying



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            that if she disclose the incident he will kill their
            parents. She told that after the she stopped to
            talk with the applicant. She told on one day
            applicant came her house. At that time nobody
            was present by taking disadvantage applicant did
            penetrative sexual assault on her. After hearing
            the incident from the victim complainant went in
            Hadapsar police station and filed complaint
            against the applicant. On the basis of allegation,
            offence is registered with Hadapsar police station.
            Hadapsar police registered C.R. No.436/2026.”


4.       Perusal of the Anticipatory Bail Application, the documents

annexed thereto, and the chats between the Applicant and the

victim, shows that both are residing in the same vicinity and have

several common friends. It further appears that the friendship

between the Applicant and the victim was opposed by victim’s

family members.



5.       Learned Counsel appearing for the First Informant, i.e. the

mother of the victim, states that the First Informant has no

objection to the grant of anticipatory bail to the Applicant.



6.       The Applicant is a student. It is contended that no offence

has been committed and the relationship if any, between the

Applicant and the victim was consensual in nature. At the relevant




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time, the victim was 16 years old and was capable of

understanding the consequences of her actions.



7.       Accordingly, the case is made out for grant of Anticipatory

Bail by imposing certain conditions. In view thereof, the following

order is passed:


                               ORDER

         (a)   In the event of arrest of the Applicant-Sarthak S/o.

               Lakshman Deshmukhe in connection with C.R. No.436

               of 2026 registered with the Hadapsar Police Station,

               Pune, the Applicant is directed to be released on bail

               on his furnishing P.R. Bond in the sum of Rs.10,000/-

               with one or two solvent sureties in the like amount.

         (b)   The Applicant shall attend the concerned Police

               Station as and when called by the Investigating

               Officer.

         (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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                    (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.




           8.       The Anticipatory Bail Application is disposed of accordingly.




                                                       [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.23
       10:48:02
       +0530




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