Bombay High Court
PRASAD ANIL CHANGULPAYversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- SACHIN S DESHMUKH
Holding
The High Court allowed the bail application, granting regular bail to the accused with conditions.
Summary
The applicant, Prasad Anil Changulpay, was charged with kidnapping and penetrative sexual assault of a 17‑year‑old girl under Sections 137(2), 64(2), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 8, 12 of the POCSO Act. The victim initially went missing, filed a complaint of kidnapping, and later, after a five‑day delay, alleged that the applicant had threatened her, taken her to a field, and sexually assaulted her. The applicant contended that there was a consensual romantic relationship, that the FIR was lodged under parental pressure, and that the delay in the supplementary statement was unjustified. The respondents argued that the offences were serious and that the victim’s statements were made under coercion. The Court, noting that the investigation was complete, the victim had approached the police after learning of the FIR, and the delay in the sexual‑assault allegation, exercised its discretion in favour of the applicant and granted regular bail with monetary and surety conditions and directions not to tamper with witnesses.
Issues considered
- Whether bail should be granted to an accused of kidnapping and sexual assault under the B.N.S. and POCSO Act despite the seriousness of the offences and the delay in the victim’s statement.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 351(2), 64(2)
- Protection of Children from Sexual Offences Act — s. 12, 4, 8
Subjects
- bail
- POCSO
- kidnapping
- sexual assault
- delay in statement
- high court
Judgment
2026:BHC-AUG:1152
Bail Appln.No.2187/2025
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.2187 OF 2025
Prasad Anil Changulpay … APPLICANT
VERSUS
The State of Maharashtra & anr. … RESPONDENTS
.......
Mr. Parth S. Salunke, Advocate for applicant
Mrs. P.V. Diggikar, A.P.P. for respondent No.1 – State
Mr. A.V. Sagar Killarikar, Advocate for respondent No.2 (appointed)
....…
CORAM : SACHIN S. DESHMUKH, J.
DATE : 13th JANUARY, 2026
PER COURT :
1. By this application, the applicant seeks his release on
regular bail in connection with Crime No.381/2025, registered with
Karmad Police Station, District Chhatrapati Sambhajinagar for the
offences punishable under Sections 137(2), 64(2), 351(2) of the
Bhartiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the
Protection of Children from Sexual Offences Act (POCSO Act).
Bail Appln.No.2187/2025
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2. The prosecution case is that, the victim, who is aged
about 17 years, went missing from her house on 28/8/2025.
Therefore, the mother of the victim lodged complaint against
unknown person of kidnapping her daughter and accordingly,
offence punishable under Section 137(2) of the Bhartiya Nyaya
Sanhita came to be registered. During the investigation, the
investigation the victim was found and her statement came to be
recorded, in which she disclosed that a quarrel had taken place
between her father and the applicant and he used to threaten her
that he would not leave her parents. On 28/8/2025, the applicant
threatened the victim and took her on his scooty to a field of his
maternal uncle and forcibly committed penetrative sexual assault
on her. Accordingly, Section 64(2), 351(2) of the B.N.S. and
Sections 4, 8 and 12 of the POCSO Act came to be added.
3. Learned counsel for the applicant submits that, there is
pre-existing relationship between the applicant and the victim which
is evident from the social media chats, selfie, photographs of the
victim and the applicant, and they were in love affairs since long
and the F.I.R. came to be lodged under the pressure of parents
after objection to their relationship. He further submits that, initially
Bail Appln.No.2187/2025
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the missing complaint was lodged and the allegations of sexual
assault came to be made in the supplementary statement recorded
after delay of 5 days. The investigation is complete and charge
sheet has been filed. Therefore, prayed to allow the application.
4. Learned A.P.P. and learned counsel for respondent
No.2 opposed the application, submitting that the offence
committed by the applicant is serious. Learned counsel for the
respondent No.2 submitted that, the victim left the house out of fear
and the joined the applicant under coercion and threat.
5. Having considered the submissions of both the sides
and perusal of the record including the charge sheet indicates that,
the victim accompanied with the applicant in the city of Chhatrapati
Sambhajinagar and after mother of the applicant informed him
about lodging of the F.I.R., the victim along with the applicant
approached the Police Station immediately. The allegations of
sexual assault are levelled after unexplained delay
6. Nevertheless, the investigation is complete for all
intents and purposes. Thus, the application warrants consideration,
and accordingly, the discretion deserves to be exercised in favour
of the applicant. Hence the order :
Bail Appln.No.2187/2025
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ORDER
(i) Bail Application is allowed.
(ii) The applicant Prasad Anil Changulpay be released on bail
on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty
Thousand) with one solvent surety of the like amount in
the above crime, on the conditions that :
(a) The applicant shall not tamper with the prosecution
witnesses.
(b) The applicant shall remain present on each date,
unless exempted by the trial Court.
(iii) Needless to state that, the observations rendered herein
are confined to the present application, and the trial Court
shall not be influenced by the same.
(iv) The High Court Legal Services Sub-Committee,
Aurangabad to pay the fees to the appointed learned
counsel on behalf of respondent No.2, as per rules.
(SACHIN S. DESHMUKH, J.)
fmp/-
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