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Bombay High Court

AKSHAY DILIP KADALEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
Allowed

Holding

The Court allowed the anticipatory bail application with a personal bond and specific conditions.

Summary

The High Court of Bombay (Kolhapur Circuit Bench) entertained an anticipatory bail application filed by Akshay Dilip Kadale under FIR No. 0286 of 2026, which alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act, 2012. The applicant, a 29‑year‑old labourer with no prior criminal record, claimed he had been assaulted and cooperated fully with the investigating officer, while the victim (Respondent No.3) alleged stalking and later rape. The State opposed bail, seeking surrender of the applicant’s mobile phone, whereas the applicant’s counsel offered to hand over the phone on a specified date. The Court, noting the applicant’s cooperation, the lack of necessity for custodial interrogation, and the pending special child case, granted anticipatory bail on a personal bond of Rs. 50,000 with several conditions, including regular reporting, surrender of the phone, and no contact with the victim. The order was confirmed with additional reporting requirements and the application was disposed of as allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under Sections 78, 115(1), 352, 351(2) of the Bharatiya Nyaya Sanhita and Sections 8, 12 of the POCSO Act.
  • Whether the applicant’s cooperation with the investigation suffices to dispense with custodial interrogation.
  • Whether imposing conditions such as surrender of the mobile phone and prohibition of contact with the victim is appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • POCSO
  • bail conditions
  • stalking
  • rape
  • cooperation with investigation
  • legal aid

Judgment

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                                     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: 2026.09.21
                            CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 320 OF 2026
21:32:23 +0530




                      Akshay Dilip Kadale                                       … Applicant
                                   Versus.
                      The State of Maharashtra & Ors.                           … Respondents

                      Mr. Shivraj Pawar with Rohinee Yadav for the Applicant.
                      Mr. Shrikant Yadav, APP for the State.
                      Ms. Siddhi Jeur for Respondent No.3 (Appointed through
                      Legal Aid).
                      Mr. Vikas N. Rathod, PSI, Satara City Police Station, is
                      present.
                                                            -------

                                                          CORAM          : ASHWIN D. BHOBE, J.

                                                          DATED          : SEPTEMBER 21, 2026
                      P.C.:


                      1.      Heard, Mr. Shivraj Pawar, learned Advocate for the Applicant, Mr

                      Shrikant Yadav, learned APP for the State and Ms. Siddhi Jeur, learned

                      Advocate for Respondent No. 3.


                      2.      On 18th June 2026, the following order was passed:


                              “ 1.    Issue notice to the Respondents, returnable on 9th July 2026.

                              2.      Learned A.P.P. waives service for the Respondent No.1 & 2-State.

                              3.      Learned A.P.P. is requested to direct the concerned Investigating Officer
                              to intimate the Respondent No.3-victim about the pendency of the present
                              Application, which is scheduled to be taken up for hearing on 6th July 2026.

                              4.     Learned counsel for the Applicant submits that the present F.I.R. is a
                              counterblast to the N.C. Report registered by the mother of the Applicant




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      against the uncle of the victim Suresh Devkule and Shava Devkule being N.C.
      No. 0484 of 2026 from the same incident dated 28/03/2026 registered on
      29/03/2026. The Applicant is not having any criminal antecedents and is
      ready to abide any conditions that may be imposed by this Court. Infact the
      Applicant and his brother Kiran was assaulted by the uncle of complainant
      viz. Suresh and Chava, and the Applicant and his brother Kiran was required
      to undergo treatment at the hospital. The treatment papers along with N.C. is
      produced on record and marked as “X” for identification.

      5.     Taking into consideration the aforesaid submission, I am inclined to
      pass the following order. Hence, the following order :-
                                             ORDER
              i.     In the event of arrest of the Applicant - Akshay Dilip Kadale, he
                     be released on bail on furnishing P.R. Bond of Rs. 50,000/-
                     (Rupees Fifty Thousand only) with one or two solvent sureties
                     in the like amount, in connection with F.I.R. No. 0286 of 2026,
                     dated 31/03/2026, registered with Satara City Police Station,
                     District Satara, for the offences punishable under Sections 78,
                     115(1), 352, 351(2) of The Bharatiya Nyaya Sanhita, 2023
                     and Sections 8, 12 of The Protection of Children from Sexual
                     Offences Act, 2012, on the following conditions :-
                     (A)     The Applicant shall attend the concerned Police Station
                             and report to the Investigating Officer on every
                             Thursday and Friday, between 11:00 a.m. to 02:00
                             p.m..
                     (B)     The Applicant shall also cooperate with the
                             investigation.
                     (C)     The Applicant shall not pressurize the prosecution
                             witnesses and shall not tamper with the prosecution
                             evidence, in any manner.
                     (D)     Needless to say, violation of any of the aforesaid
                             conditions may entitle the prosecution to seek
                             cancellation of the interim relief granted herein above.
      6.     Stand over to 6th July 2026.”


3.    Mr. Shivraj Pawar, learned Advocate for the Applicant, states that

the Applicant has appeared before the Investigating Officer and has

cooperated with the investigation in Crime No. 286 of 2026 registered

with Satara City Police Station, District Satara. He submits that the

Applicant shall appear before the Investigating Officer as and when




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required and cooperate with the investigation in Crime No. 286 of

2026.


4.      Mr. Shrikant Yadav, learned APP for the State, submits that the

Applicant has appeared before the Investigating Officer, cooperated in

the investigation of Crime No. 0286 of 2026 and the medical

examination of the Applicant has also been completed.


5.      Ms. Siddhi Jeur, learned Advocate for Respondent No. 3, submits

that the Applicant was stalking Respondent No. 3, as a result of which

Respondent No. 3 felt threatened. She further submits, on instructions,

that the parents of Respondent No. 3 have not sent Respondent No. 3 to

school.


6.      Perused the record.


7.      As submitted by Mr. Shivraj Pawar and not contested by Mr.

Shrikant Yadav, learned APP, the Applicant has appeared and cooperated

with the investigation in Crime No. 286 of 2026. The Applicant is said

to be a 29-year-old labourer who depends on his day-to-day labour for

his survival.


8.      Perusal of the records in the file of this Application indicates that

Respondent No. 3 opposed Criminal Bail Application No. 136 of 2026,

filed by the Applicant before the Sessions Court, Satara, by filing a




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Reply dated 23rd April 2026. The said reply is in line with the allegations

made in the FIR, that is the Applicant allegedly stalked Respondent No.

3. Apparently, on 2nd May 2026, Respondent No. 3 filed an additional

reply in Criminal Bail Application No. 136 of 2026, in which

Respondent No. 3 has given a totally different version of the crime.

Respondent No. 3 has made allegations of rape in the said additional

reply.


9.       Mr. Shivraj Pawar, learned Advocate for the Applicant, submits

that Respondent No. 3 has taken a totally different stand in the

additional reply filed in Criminal Bail Application No. 136 of 2026,

thereby creating a doubt in her case.


10.      Be that as it may, the Applicant is said to have cooperated with

the investigation in Crime No. 286 of 2026. The charge-sheet in Crime

No. 286 of 2026 has been filed, registered as Special Child Case No. 65

of 2026, and is pending before the Special POCSO Court, Satara.


11.      In view of the aforesaid facts and circumstances, the custodial

interrogation of the Applicant is not necessary in Crime No. 286 of

2026.


12.      Mr. Shrikant Yadav, learned APP, however, submits that a

condition that the Applicant surrender his mobile phone along with the

SIM card be imposed on the Applicant.




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13.     Mr. Shivraj Pawar, learned Advocate for the Applicant, on

instructions, submits that the Applicant undertakes to hand over his

mobile phone along with the SIM card to the Investigating Officer in

Crime No. 286 of 2026 on 24th September 2026.


14.     In view of the above, the order dated 18th           June 2026 is

confirmed and made absolute in terms of paragraph No. 5(i)(A), (B),

(D) and (D), with the following additional conditions:


Additional conditions:-


(a)     The Applicant shall report to the Investigation Officer, Satara City

Police Station, District Satara in Crime No. 286 of 2026 on the second

Saturday of each month from 12:00 noon to 1:00 P.M. till framing of

charge in Special Child Case No. 65 of 2026 pending before the Special

POCSO Court, Satara.


(b)     The Applicant shall hand over his mobile phone along with the

SIM card to the Investigation Officer in Crime No. 286 of 2026 on 24 th

September 2026.


(c)     The Applicant shall not contact the victim or any of her family

members till the conclusion of trial in Special Child Case No. 65 of

2026.


15.     The Bombay High Court Legal Services Committee, Circuit Bench




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at Kolhapur, shall quantify and pay the legal fees payable under the

Legal Aid Scheme to Advocate Ms. Siddhi Jeur, who has appeared and

represented Respondent No.3 in this Application.


16.   Anticipatory Bail Application No.320 of 2026 is allowed and

disposed of.




                                         (ASHWIN D. BHOBE, J.)




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