Bombay High Court
MADHAV NAGNATH CHEBLEversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Bharatiya Nyaya Sanhita, 2023 — s. 64(m), 65(1)
- Indian Penal Code, 1860 — s. 363
- Protection of Children from Sexual Offences Act, 2012 — s. 4(2), 5(1), 8
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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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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