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Bombay High Court

MADHAV NAGNATH CHEBLEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Bail was granted to the accused on a cash bond with sureties, subject to conditions.

Summary

Madhav Nagnath Cheble was charged with kidnapping and sexually assaulting a 13‑year‑old girl, invoking IPC s.363, BNS ss.64(m) & 65(1) and POCSO ss.4(2), 5(1) & 8. The applicant argued that the girl had eloped with him, lived together for over a year, and that he had no prior record. The prosecution contended that the victim was a minor, the accused was aware of her age, and that he might abscond or tamper with witnesses if released. The court examined the charge‑sheet, noted the victim’s alleged consent and the applicant’s clean antecedents, and considered the risk factors. It granted bail on a cash bond of Rs.25,000 with two sureties, imposing conditions against evidence tampering and witness influence, and directed the trial court to proceed on merits.

Issues considered

  • Whether bail should be granted in a case of kidnapping and sexual assault of a minor under IPC, BNS and POCSO.
  • Whether the accused poses a flight risk or a risk of tampering with evidence or witnesses.
  • Whether the alleged consent or elopement of the minor affects the bail decision.

Legislation cited

Subjects

  • bail
  • kidnapping
  • sexual assault
  • minor
  • POCSO
  • consent
  • flight risk
  • surety
  • criminal procedure

Judgment

                                                                                            7-BA-3399-2025.doc



                               N.S.Kamble


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL BAIL APPLICATION NO. 3399 OF 2025


                               Madhav Nagnath Cheble                                   … Applicant
                                     Versus
                               State Of Maharashtra And Anr                            … Respondents
            Digitally signed
NILAM   by NILAM
        SANTOSH
                               ________________________________________________________
SANTOSH KAMBLE
KAMBLE Date: 2026.01.20
        11:31:05 +0530
                               Mr.Kuldeep Nikam a/w Ms.Nishi Singhvi, for the Applicant.
                               Mr.P.P. Jadhav, APP for Respondent-State.
                               Mr.Ajinkya Udane i/b Ms.Urmila B. Sahu, for Respondent No.2.
                               Mr.Pankaj Khopde, PSI, Kondhwa Police Station, Pune.
                               ________________________________________________________
                                                               CORAM : SHIVKUMAR DIGE, J.

                                                               DATE           : 17th JANUARY, 2026

                               P.C. :

                               .             By this Application, Applicant is seeking regular bail in

                               Crime No.1192 of 2023 registered with Kondhwa Police Station,

                               Pune, for the offences punishable under Section 363 of the Indian

                               Penal Code, 1860 (‘IPC’ for short), Sections 64(m), 65(1) of Bharatiya

                               Nyaya Sanhita, 2023 (‘BNS’ for short) and Sections 4(2), 5(1) and 8 of

                               the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’

                               for short).

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                                                                7-BA-3399-2025.doc



N.S.Kamble


2.           It is prosecution’s case that, on 25 th November 2023 the

Applicant kidnapped minor daughter of the First Informant and

sexually assaulted her.

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

there was love affair between the Applicant and victim. The victim

herself had eloped with the Applicant and stayed with him for one year

and three months. The police arrested the Applicant from the place

where victim and Applicant were residing. The Applicant has no

antecedents. He is behind bars for almost one year. There is no

progress in the trial and requested to allow the Application.

4.           It is contention of learned APP alongwith learned counsel for

the Respondent No.2 that at the time of the incident victim, was 13

years old. The Applicant was aware about her age, inspite of that, he

kidnapped and sexually assaulted her. If Applicant is released on bail,

he may abscond or threaten victim and prosecution witnesses. Hence,

requested to reject the Application.

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

documents produced on record.

6.           It appears from the record that victim herself had gone with

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                                                                7-BA-3399-2025.doc



N.S.Kamble


the Applicant. She stayed with him for more than one year. She did

not make any hue and cry. The Applicant was 20 years old. He is

behind bars for around one year. He has no antecedents.

7.           Considering these facts, I pass following order.

                                    ORDER

              (i)      The Applicant-Madhav Nagnath Cheble be

              released on bail in      Crime No.1192 of 2023 registered

              with Kondhwa 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)     Application is allowed in the aforesaid terms.



                                                  (SHIVKUMAR DIGE, J.)



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