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Bombay High Court

RAKESH RAMESH KHATRIversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that bail should be granted subject to a personal bond, sureties and conditions to prevent tampering with evidence or influencing witnesses.

Summary

Rakesh Ramesh Khatri was charged under Sections 376(2)(n) and 376(3) of the IPC and Sections 4, 5(l), 5(j)(ii) and 6 of the POCSO Act for allegedly sexually assaulting a minor and impregnating her. The applicant contended that the victim was over fifteen years old at the time and that there was a consensual relationship, while the prosecution argued that the victim was a minor, the assault was under a false promise of marriage, and DNA evidence linked the applicant to the fetus, raising a risk of absconding or witness tampering. The court noted that the victim was fifteen years and eight months old, the FIR was delayed, and the applicant had been in custody for more than one year and seven months with no trial progress. Considering these facts, the court granted bail on a personal bond of Rs.25,000 with one or two sureties, imposing conditions not to tamper with evidence or influence witnesses and to attend police as required. The trial court was directed to continue the trial on its merits without being influenced by this order.

Issues considered

  • Whether bail can be granted in a case involving alleged rape and POCSO offences where the victim is above fifteen years but below eighteen years of age
  • Whether the delay in lodging the FIR and the length of custodial detention justify the grant of bail
  • Whether the risk of the accused absconding or tampering with evidence warrants denial of bail

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • minor
  • DNA evidence
  • custodial delay
  • surety
  • trial

Judgment

                                                                                              24-BA-2433-2025.doc



                              N.S.Kamble


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL BAIL APPLICATION NO. 2433 OF 2025


                              Rakesh Ramesh Khatri                                        … Applicant
                                    Versus
                              The State of Maharashtra & Anr.                             … Respondents
           Digitally signed   ____________________________________________________________
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE
KAMBLE Date: 2026.02.20       Mr.Someshwar K. Pawale a/w Mr.Harsh Kashyap, Mr.Aniket Borude, for
        14:34:40 +0530
                              the Applicant.
                              Mr.M.G. Patil, APP for Respondent-State.
                              Mr.Vikram Phatate, for Respondent No.2.
                              ____________________________________________________________
                                                                CORAM : SHIVKUMAR DIGE, J.
                                                                DATE           :   17th FEBRUARY 2026

                              P.C. :

                              .             By this Application, the Applicant is seeking regular bail in

                              Crime No.865 of 2024 registered with Hinjawadi Police Station, Pune,

                              for the offences punishable under Sections 376(2)(n) and 376(3) of the

                              Indian Penal Code, 1860 (‘IPC’ for short) and Sections 4,5(l), 5(j)(ii)

                              and 6 of the Protection of Children from Sexual Offences Act, 2012

                              (‘POCSO’ for short).

                              2.            It is prosecution’s case that the Applicant sexually assaulted

                              the First Informant who was a minor and impregnated her.

                                                                 Page 1 of 3
                                                            24-BA-2433-2025.doc



N.S.Kamble


3.           It is contention of learned counsel for the Applicant that

there was love affair between the Applicant and First Informant, who

was more than 15 years old at the time of the incident. The Applicant is

behind bars for more than one year and seven months. The Applicant

has no antecedents. There is no progress in trial, and requested to allow

the Application.

4.           It is contention of learned APP along with learned counsel

for Respondent No.2 that the Applicant sexually assaulted the First

Informant on the pretext of false promise of marriage and impregnated

her. The Applicant was aware about the age of the victim. The

Applicant is resident of Nepal. The DNA report of the fetus matches

with the Applicant. If the Applicant released on bail, he may abscond or

threaten First Informant and prosecution witnesses, and requested to

reject the Application.

5.           I have heard all learned counsel. Perused charge-sheet and

documents produced on record.

6.           At the time of the incident, victim was more than fifteen

years and eight months old. There is delay in lodging FIR. The FIR

was lodged, when the Applicant refused to marry with the First

                                 Page 2 of 3
                                                                24-BA-2433-2025.doc



N.S.Kamble


Informant.

7.           Considering these facts as well as the Applicant is behind

bars more than one year and seven months. There is no progress in

trial, and I pass following order.

                                  ORDER

              (i)       The Applicant-Rakesh Ramesh Khatri, be released

              on bail in Crime No.865 of 2024 registered with

              Hinjawadi Police Station, Pune, on furnishing PR bond of

              Rs.25,000/- with one or two solvent sureties in the like

              amount.

              (ii)      The Applicant shall not tamper with the evidence

              and/or influence the prosecution witnesses.

              (iii)     The Trial Court shall decide the case on its own

              merits and in accordance with law, uninfluenced by the

              observations made in this order.

              (iv)      The Applicant shall attend the concerned Police

              Station as and when required.

              (v)       Application is allowed in the aforesaid terms.

                                                   (SHIVKUMAR DIGE, J.)

                                     Page 3 of 3


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