AKASH DYANESHWAR BADAMEversusSTATE OF MAHARASHTRA

                                                              81.BA.2244.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 2244 OF 2026

       Akshay Dyaneshwar Badame                          .. Applicant
             Versus
       State of Maharashtra and Anr.                     .. Respondents

                                 ....................
        Mr. Ranjit Gangadhar Jadhav, Advocate for Applicant.
        Ms. Rajeshree V. Newton, APP for Respondent No.1 – State.
        Mr. Gaurav Pandey, Advocate for Respondent No.2.
                                   ......…........…

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE       : SEPTEMBER 29, 2026.

       P.C.:

       1.       Heard Mr. Jadhav, learned Advocate for Applicant; Ms.

       Newton, learned APP for Respondent No.1 – State and Mr. Pandey,

       learned Advocate for Respondent No.2.


       2.       This is an Application under Section 483 of the Bharatiya

       Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in

       connection with C.R.No.536 of 2025 registered with Yeola Taluka

       Police Station, District Nashik for offences punishable under Sections

       137(2), 64, 65(1) and 143 of the Bharatiya Nyaya Sanhita, 2023 (for

       short ‘BNS’) and Sections 4, 8, 12 and 17 of the Protection of Children

       from Sexual Offences Act, 2012 (for short ‘POCSO Act’). The First

       Information Report is filed on 09.12.20225 and Applicant came to be

       arrested on 02.02.2026.

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3.        Applicant is 20 years old whereas the prosecutrix is 16 years

old in the present case.    Case according to the prosecution is that

Applicant was arrested on 02.02.2026. Complaint is filed by the father

of the prosecutrix.   Investigation has been done.     Statement under

Section 183 of the Code of Criminal Procedure of the prosecutrix is

appended at page Nos.88 and 89. In answer to Question No.7 therein

the prosecutrix has herself admitted that she had befriended Applicant

and both of them were in a love relationship with each other.


4.        She has further confessed and admitted that because of her

love relationship with Applicant, she had eloped with the Applicant

two months ago and alongwith him, she has visited several places and

ultimately started residing in Tamil Nadu together after hiring a room

on rent. She has stated that the Police Authorities tracked them in

Tamil Nadu after two months. She has also stated that both of them

had married each other in a temple at Wani and she had started

wearing the mangalsutra and sindoor and has also stated that she had

on her own volition resided with Applicant as husband and wife.


5.        Mr. Pandey, learned Advocate for Respondent No.2 informs

the Court that in view of the instructions received by him from the First

Informant and the family of the prosecutrix, they have no objection if

bail is granted to Applicant since what is stated by the prosecutrix in

her Section 183 statement is true.



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6.        That apart, it is also seen that the father of Applicant is a

physically disabled person and Applicant who was working as a driver

is the only sole earning breadwinner of the family. The disability

certificate of the father of Applicant is also appended to the Bail

Application.


7.        In view of the overall circumstances and considerations of

material which is placed before me, notwithstanding the fact that the

prosecutrix was below 18 years of age, but of an age of understanding,

I am inclined to accept the case of Applicant for grant of bail.


8.        Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-


          (i)   Applicant – Akshay Dyaneshwar Badame is directed to

                be immediately released from prison in connection with

                CR. No.536 of 2025;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen

                Thousand only) with one or two sureties in the like

                amount;


          (iii) Applicant shall report to the Investigating Officer at

                Yeola Taluka Police Station, once every month, on the



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     first Sunday of the month between 10:00 a.m. to 12:00

     p.m. until commencement of trial and thereafter shall

     attend all dates of hearing before the Trial Court;


(iv) Applicant shall cooperate with the conduct of the trial

     and remain present before the Trial Court on all dates,

     unless specifically exempted. Applicant shall not seek

     unnecessary adjournments. Any such conduct shall

     entitle the prosecution to apply for cancellation of bail;


(v) Applicant shall not leave the State of Maharashtra

     without prior permission of the Trial Court;


(vi) Applicant shall not influence any of the witnesses or

     tamper with the evidence in any manner;


(vii) Applicant shall keep the Investigating Officer informed

     of his current residential address and mobile telephone

     number and shall forthwith inform the Investigating

     Officer of any change in his residential address or

     mobile telephone number, as and when such change

     occurs; and


(viii)Any breach or infraction of any of the aforesaid

     conditions shall entail cancellation of the bail granted to

     the Applicant.



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                              9.        It is clarified that the observations made in this order are

                              limited for the purpose of granting bail only and I have not made any

                              observations on merits of the case. The trial shall be adjudicated on

                              the strength of the evidence led and strictly on its own merits being

                              uninfluenced with any of the prima facie observations made

                              hereinabove in this order.


                              10.       Bail Application is allowed and disposed in the above terms.



                                                                        [ MILIND N. JADHAV, J. ]

        Ajay
           Digitally signed
           by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date:
           2026.09.30
           10:50:41 +0530




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