KRUSHNA MARUTIRAO DHANGEversusTHE STATE OF MAHARASHTRA AND ANR

                                                                 BA.3247.2026.doc

Ajay

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                      BAIL APPLICATION NO. 3247 OF 2026

       Krushna Marutirao Dhange                         .. Applicant
             Versus
       State of Maharashtra and Anr.                    .. Respondents
                                   ....................
        Mr. Amolkumar Jadhav a/w. Padmasinh P. Patil, Advocates for
          Applicant.
        Ms. Priyanka B. Chavan, Advocate for Respondent No.2.
        Mr. Sangeeta E. Phad, APP for Respondent No.1 – State.
                                   ......…...........
                                  CORAM : MILIND N. JADHAV, J.
                                  DATE       : SEPTEMBER 24, 2026.
       P.C.:

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

       Chavan, learned Advocate for Respondent No.2 and Ms. Phad, learned

       APP for Respondent No.1– State.

       2.       Present Application is filed under Section 483 of Bharatiya

       Nagarik Suraksha Sanhita, 2023 by Applicant in connection with FIR

       being C.R. No.283 of 2025 registered by Chakan Police Station for the

       offences punishable under Sections 64(2)(m) and 351(2) of Bharatiya

       Nyaya Sanhita, 2023.

       3.       In the present case it is seen that First Information Report is

       filed on 05.05.2025 by Respondent No.2 - First Informant who is 21

       years old. Applicant is 23 years old. They both were working in the

       same company admittedly and knew each other. Period of offence



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stated in FIR is 01.06.2024 to 14.10.2024. The FIR acknowledges the

fact that Applicant and First Informant were co-workers at Spark

Minda Company situated in Mhalunge, Pune. In June 2024, First

Informant was removed from work by Human Resources Department

of the said Company but Applicant intervened and persuaded her not

to leave Pune and stated that he will persuade the Human Resources

manager to re-employ First Informant. Complainant thereafter

voluntarily stayed in Pune and between June 2024 to October 2024

Applicant repeatedly outraged her modesty. It is alleged in the FIR that

First Informant succumbed to the demand of Applicant because he

threatened her to disclose and make viral the objectionable

photographs between them and also kept the mobile phone of First

Informant with him and despite her opposition assaulted her by

blackmailing her into submission. This is the case of prosecution.

4.        The record from the chargesheet prima facie shows that the

principal allegation of the First Informant regarding repeatedly

outraging her modesty by threatening her to make viral their explicit

photographs on social media is not prima facie proved by any

incriminating material whatsoever save and accept the bald allegation

on paper. First Informant states that she fled to her village after 5

months which she could have otherwise done in the first instance itself.

First Informant herself states that she had informed her parents and

they spoke to the Applicant and told him not to harass her. Despite the

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above, record shows that First Informant repeatedly went to meet

Applicant even thereafter. Ms. Chavan learned appointed Advocate for

Respondent No.2 would persuade me to consider the associated

circumstances namely emotional abuse and insults and verbal threats,

it is prima facie seen from the record that there was no violence or

restraint of any nature involved in the relationship and most

importantly the parties had used protection while committing the act

as admitted by the First Informant herself.

5.           Only 3 statements have been recorded i.e. statements of

parents and maternal uncle of the First Informant which does not aid

the prosecution's case at all. On overall prima facie considerations,

consensual relationship between Applicant and Respondent No.2 is

evident between the parties as also there is one year delay in lodging

the FIR. In view of the above Applicant has made out a case for grant

of bail.

6.           In view of the above observations arrived at after perusing

the FIR, statement of the Respondent No.2 and the material appended

in the Chargesheet, prima facie there is no material placed on record to

persuade me to continue the incarceration of Applicant in prison.

7.               Having regard to all the above aspects, I am inclined to

grant bail to the petitioner on the following conditions:

           (i)      Applicant – Krushna Marutirao Dhange is directed to be

           immediately released on bail from prison in connection with

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C.R. No. 283 of 2025;

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

furnishing P.R. Bond in the sum of Rs.25,000/- with one or two

sureties in the like amount;

(iii) Applicant shall report to the Investigating Officer of the

concerned Police Station once every month on the third Sunday

between 10:00 a.m. to 12:00 p.m. for the first six months and

thereafter as and when called;


(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 cancellation of this

order;


(v)      Applicant shall not leave the country 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 not make any attempts to contact the First

Informant / victim or any witnesses by any physical or

electronic means and attempt to influence them or tamper with

evidence in any manner;




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           (viii) 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;


           (ix) Applicant shall not attempt to contact the victim either

           physically or by any electronic devices / means until the trial is

           completed and the verdict is delivered by the Trial Court; and


           (x) Any infraction of the above conditions shall entail the

           prosecution to seek cancellation of this order.


8.            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 and the trial shall be adjudicated on

its own merits in accordance with law.

9.            This Court appreciates the assistance rendered by Ms.

Chavan, learned Advocate appointed through the Legal Aid to espouse

the cause of Respondent No. 2. His fees are to be paid by the High

Court Legal Aid Services Authority as per rules on production of a

server copy of this order and other compliances in accordance with the

decision of this Court in the case of Sanjyot Nitin Telharkar v. The

State of Maharashtra & Anr.1 and the Schedule under Regulation 18(1)

of the Maharashtra State Legal Services Authority Rules, 1998.




1    Judgment dated 25.09.2024 passed in Misc. Civil Application No. 134 of 2024

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       10.              Bail Application is allowed and disposed.



                                                        [ MILIND N. JADHAV, J. ]

Ajay              Digitally
                  signed by
                  RAVINDRA
       RAVINDRA   MOHAN
       MOHAN      AMBERKAR
       AMBERKAR   Date:
                  2026.09.24
                  15:41:38
                  +0530




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