YASH DATTATRAY DIVATEversusSTATE OF MAHARASHTRA AND ANR

       Digitally
       signed by
       MEERA
MEERA MAHESH                                                                      40-ba-2756-26.doc
MAHESH JADHAV
JADHAV Date:
       2026.09.22
       11:30:26
       +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO.2756 OF 2026

                    Yash Dattatray Divate                            .. Applicant
                               Versus
                    The State of Maharashtra & Anr.                  .. Respondents
                                                ....................
                     Mr. Aniket Nikam i/b Mr. Sumit Patil, Advocates for Applicant.
                     Ms. Shilpa Talhar, APP for Respondent No.1 - State.
                     Mr. Yash Agarwal, Advocate for Respondent No.2.
                     Mr. R. B. Deore, PSI, Trambakeshwar Police Station, Nashik Rural
                      present.
                                                      ...................

                                                     CORAM : MILIND N. JADHAV, J.
                                                     DATE  : SEPTEMBER 21, 2026
                    P.C.:

                    1.             Heard Mr. Nikam, learned Advocate for Applicant, Ms.

                    Talhar, learned APP for Respondent No.1 - State and Mr. Agarwal,

                    learned Advocate for Respondent No.2.


                    2.             By this Bail Application, Applicant is seeking enlargement on

                    bail in C.R.No.40 of 2026 registered with Trambakeshwar Police

                    Station Nashik for the offences punishable under Sections 64(2)(D),

                    351(2) And 3(5) of The Bharatiya Nyaya Sanhita, 2023 and Sections 4,

                    8, 12 and 17 of the Prevention of Children from Sexual Offences

                    (POCSO) Act, 2012.


                    3.             The Applicant in the present case is 20 years old and the

                    prosecutrix is 17 years old. Both are represented by the learned



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Advocates at the bar and I have heard their submissions. Equally I have

heard the prosecution. The statement of the prosecutrix lodged in the

FIR prima facie states that at least three years prior to the lodging of

the FIR she had known the Applicant and had started going out with

him since May 2024 onwards. She has also admitted two/three clear

episodes of going out with him and staying with him in some lodge /

hotel and post Diwali of 2024 onwards she has been regularly going

out with him.


4.             There is no element of force, violence or abuse involved,

which is prima facie seen from the material presented on record. The

investigation has been carried out to confirm and ascertain the

aforesaid facts, which is duly supported by the statement and the

material produced by the concerned lodge / hotel where the parties

used to visit. All that material is placed on record. There is a

consensual relationship of the parties which is clearly borne out from

the record.


5.             Learned Advocate for the prosecutirx would submit that

affidavit dated 3rd August 2026 has been filed by the prosecutrix

expressing her no objection to grant of present application. Prima facie

on the basis of consensualness of both the parties and the material

placed on record which is clearly evident, I am inclined to accept the

submissions of the Applicant and allow the Application.



Meera Jadhav                                                                   2 of 4
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6.             The Applicant is granted bail on the following terms and

conditions:


               (i)   Applicant - Yash Dattatray Divate is directed to be

                     immediately released from prison in connection with

                     C.R. No. 40 of 2026;


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

                     furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty

                     Five Thousand only) with one or two sureties in the like

                     amount;


               (iii) Applicant shall report to the Investigating Officer at

                     Trambakeshwar Police Station, Nashik once every

                     month on the first Sunday of the month between 10:00

                     a.m. to 12:00 p.m.;


               (iv) Applicant shall co-operate with the conduct of trial and

                     attend the Trial Court on all dates, unless specifically

                     exempted    and    will   not   take   any     unnecessary

                     adjournments, if he does so it will entitle the

                     prosecution to apply for revocation of this order;


               (v) Applicant shall not leave the State of Maharashtra

                     without prior permission of the Trial Court;


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



Meera Jadhav                                                                          3 of 4
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                    or tamper with the evidence in any manner;


               (vii) Applicant shall keep the Investigating Officer informed

                    of his current address and mobile contact number and /

                    or change of residence or mobile details, if any, from

                    time to time, as applicable; and


               (viii)Any infraction of the conditions shall entail cancellation

                    of bail granted to the Applicant.


7.             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.


8.             Bail Application is allowed and disposed of in the above

terms.



                                                   [ MILIND N. JADHAV, J. ]




Meera Jadhav                                                                        4 of 4