Bombay High Court
YASH KAMLEversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
Anticipatory bail is allowed subject to conditions.
Summary
The applicant, Yash Kamle, sought anticipatory bail for alleged offences of sexual assault under Sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the POCSO Act, 2012. The FIR alleged non‑consensual sexual relations under a false promise of marriage, but the applicant contended that he had actually married the complainant on 13‑09‑2026 and they were living together with no objection to bail. The State argued that the offences were serious and non‑compoundable, yet did not dispute the marriage. The Court noted the applicant’s tender age, clean record, and the fact of marriage, concluding that custodial interrogation was unnecessary. Consequently, the Court confirmed the interim protection and granted anticipatory bail subject to a personal bond, surety, attendance at the police station, and cooperation with the investigation.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged sexual assault under BNS and POCSO where the accused is married to the complainant
- Whether the seriousness and non‑compoundable nature of the offences preclude anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 64(2)(m), 69
- Protection of Children from Sexual Offences Act — s. 12, 4, 8
Subjects
- anticipatory bail
- sexual assault
- false promise of marriage
- Bharatiya Nyaya Sanhita
- POCSO Act
- non‑compoundable offence
- bail conditions
Judgment
911-ABA-445-2026.odt
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 445 OF 2026
Yash Kamle ...Applicant
V/S.
The State Of Maharashtra And Anr. ...Respondents
_____________________________________________________________
Adv. Vivesh Purwant a/w Adv. Suraj Gadkari, for the Applicant.
Adv. Ashok S. Gawai, APP for the Respondent – State.
Adv. R. V. Dighe, for the Respondent No.2.
_________________________________________________________
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 01ST OCTOBER, 2026.
P.C. :-
1. Heard learned counsel for the applicant as well as learned APP for
respondent-state and learned counsel for the respondent no 2.
2. The applicant has filed the instant application seeking pre-arrest
bail in connection with Crime No. 846 of 2025 dated 15.06.2025, registered
with Narpoli, Police Station, Thane (City), for the offence punishable under
Sections 64(2)(m) and 69 of Bharatiya Nyaya Sanhita (BNS), 2023 and
Sections 4, 8 and 12 of Protection of Children from Sexual Offences
(POCSO) Act, 2012.
3. The FIR states that the applicant has committed sexual assault
against the complainant without her consent. The offenses occurred on 5 th of
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June, 2025 and 8th of June, 2025 at residence of complainant’s relative in
Bhiwandi. The Accused bypassed her resistance and forced physical
relations under the false pretext and promise of marriage. The matter was
discovered when family members intercepted their Instagram
communication, leading to registration of this FIR.
4. Learned counsel for the applicant submits that the allegations
about false promise of marriage are without any basis as the applicant had
the intention to marry with the complainant. It is submitted that the applicant
has in fact married with the complainant on 13.09.2026 and as on today,
both of them are residing together. He also states that even the complainant
had conveyed no objection for grant of the anticipatory bail to this applicant.
5. Learned APP has pointed out that the offence registered against
this applicant is serious in nature and it is non-compoundable and hence
prays for rejection of the Anticipatory Bail Application. He, however, does
not dispute the contention that the applicant and complainant are married
and are living together.
6. Perused the FIR and documents place on record. It has to be noted
that the applicant is of tender age with no criminal antecedents and further
considering the contention that the applicant has married with the
complainant, at this stage, the applicant need not be taken into custody.
Under these circumstances, custodial interrogation of this applicant is not
warranted and the interim protection granted by this court, needs to be
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confirmed.
7. In view of the above, the interim protection grated by the order
dated 16th September, 2026 is confirmed, subject to certain conditions.
8. Hence, I pass the following order :
: ORDER :
(i) Anticipatory Bail Application is allowed.
(ii) In the event of arrest of the applicant in Crime
No. 846 of 2025 dated 15.06.2025, registered with
Narpoli, Police Station, Thane (City), for the
offence punishable under Sections 64(2)(m) and
69 of Bharatiya Nyaya Sanhita (BNS), 2023 and
Sections 4, 8 and 12 of Protection of Children
from Sexual Offences (POCSO) Act, 2012, he be
released on bail on furnishing P. R. Bond of Rs.
25,000/- (Rupees Twenty Five Thousand only)
with one solvent surety of the like amount.
(iii) The applicant is directed to attend the police
station on 08.10.2026 in between 10:00 a.m. to
02:00 p.m., and thereafter as and when called
upon.
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(iv) The applicant shall extend cooperation during
investigation and trial.
9. The Anticipatory Bail Application is allowed and disposed of.
(PRAFULLA S. KHUBALKAR, J.)
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