Bombay High Court
VITTHAL VISHNU JOGversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court held that bail may be granted subject to strict conditions despite the prior allegations.
Summary
Vitthal Vishnu Jog applied for regular bail in a case (Crime No.1343/2025) involving alleged cyber‑harassment under Sections 75(3), 78 and 351(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act, 2000. The applicant claimed the allegations stemmed from a consensual love relationship that later soured, and asserted he was falsely implicated, having already served seven months of a maximum three‑year sentence. The State argued he was a habitual offender, having previously been charged in FIR No.1076/2025 for similar conduct and having confessed under a Section 35 notice. The Court examined the evidence, noted the relationship was consensual, the offences were non‑grievous and the applicant had no prior criminal record besides the earlier complaint. Finding that continued detention would not serve a useful purpose and that the risk to the complainant could be managed by conditions, the Court granted bail with a personal bond and several restrictive conditions. The bail order was recorded as disposed of.
Issues considered
- Whether bail should be granted in offences punishable up to three years when the accused has already served a substantial portion of the term.
- Whether the applicant's prior alleged conduct and a prior FIR constitute a ground to deny bail.
- Whether the consensual nature of the relationship between the accused and the complainant affects the assessment of guilt and bail.
- Whether imposing strict conditions can sufficiently protect the complainant and ensure the accused's attendance at trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 35, 351(4), 75(3), 78
- Information Technology Act, 2000 — s. 67
Subjects
- bail
- cyber harassment
- fake social media ID
- consensual relationship
- Section 35 notice
- Section 183 statement
- Information Technology Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH
VITHAL CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI
CRIMINAL APPELLATE JURISDICTION
Digitally signed
by HARISH
VITHAL
CHAUDHARI CRIMINAL BAIL APPLICATION NO. 403 OF 2026
Date: 2026.06.15
15:06:59 +0530
Vitthal Vishnu Jog ...Applicant
VERSUS
The State Of Maharashtra And Anr. ...Respondents
-----
Mr. Viraj Nalawade Vikramsinh for the Applicant.
Ms. Supriya S. Koregave for Respondent No. 3 (Appointed through Legal
Aid)
Mr. Anand Subhash Shalgaonkar, APP for the Respondent-State.
-----
CORAM : MEHROZ K. PATHAN, J.
DATE : 12th JUNE, 2026.
P.C.
1. Heard the learned Counsel for the Applicant, the learned APP for
the State and learned counsel for Respondent No. 3.
2. The Applicant has approached this Court, seeking regular bail in
connection with Crime No.1343/2025 registered with Karad City Police
Station, District Satara for the offences punishable under Sections 75(3),
78 and 351(4) of Bharatiya Nyaya Sanhita, 2023 and under Sections 67 of
Information Technology Act, 2000.
3. The learned Counsel for the Applicant submits that the Applicant
is falsely implicated in the present crime. The Applicant was in a
consensual love relationship with the victim girl. However, there were
some disputes in the relationship subsequent to which, there are
allegations against the Applicant about harassing the Complainant by
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creating fake Instagram id and posting certain objectionable obscene posts
in the name of the Complainant. earlier also the Applicant was implicated
in another crime bearing FIR No. 1076 of 2025 registered with Karad City
Police Station. However, since taking into consideration that the Applicant
and the Complainant were in a consensual love relationship, the Applicant
was not arrested and notice under Section 35 of the Bharatiya Nyaya
Sanhita, 2023 was issued against Applicant. The Applicant is now arrested
in the present crime No.1343 of 2025 registered on 25.11.2025. The
Applicant is behind bars since his arrest on 27.11.2025. The offences
invoked by the prosecution under Section 75(3) is punishable with one
year imprisonment, Section 78 is punishable with three years
imprisonment, Section 351(4) is punishable with two years imprisonment,
and Section 61 of the Information Technology Act, 2000 is punishable with
three years imprisonment. The Applicant has already undergone seven
months of imprisonment. The Applicant is having deep roots in the society.
The Applicant is undergoing education and has completed BSC graduation.
The Applicant is not having any criminal antecedents except the complaint
filed by the same Complainant earlier for the identical allegations. The
Applicant is ready to abide any condition that may be imposed by this
Court. Hence, the Applicant may be released on regular bail.
4. As against this, the learned APP strongly opposes the bail
application on the ground that the Applicant is a habitual offender, who
harassed the Complainant by creating fake id and posted objectionable
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obscene posts in her name. The Applicant has created fake id on Instagram
social platform in the name of the Complainant. The same allegations had
earlier culminated in the registration of FIR No. 1076/2025. Even pursuant
to the notice issued under Section 35 of the Bharatiya Nyaya Sanhita,
2023, the Applicant confessed to have committed the said offence and
undertook not to repeat the same. However, after a couple of months, the
Applicant once again indulged in similar acts of harassment against the
Complainant, resulting in the registration of another FIR. Taking into
consideration the conduct of the Applicant, there is a likelihood that he
may again commit a similar cognizable offence, thereby posing a threat to
the Complainant. The prosecution has collected ample evidence to prove
guilt of the present Applicant in the said crime. Hence the application may
be rejected.
5. Learned appointed counsel for Respondent No. 3 also strongly
opposes the bail application on the ground that if the Applicant is released
on bail, he may threaten the Complainant and thereby cause prejudice to
the prosecution case. The Application may therefore be rejected.
6. I have gone through the investigation papers which have
culminated into filing on the chargesheet. The FIR shows that there was
harassment at the behest of the Applicant. However, the fact that the
Complainant was having consensual and cordial love relationship with the
Applicant, was suppressed in the FIR. The statement recorded under
Section 183 of the Bharatiya Nyaya Sanhita, 2023 of the Complainant
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shows that the Applicant and the Complainant had a consensual love
relationship and after dispute being arose between them, the harassment at
the behest of the Applicant had started. Be that as it may, the offences are
punishable to the maximum punishment up to three years. The Applicant
has already undergone seven months of incarceration. Since the
investigation is completed and the entire evidence including the statements
under Section 183 have already been recorded, no fruitful purpose would
be served in further keeping the Applicant behind bars. The apprehension
of the learned APP and the learned appointed counsel for Respondent No.
3 can be taken care of by imposing appropriate conditions upon the
Applicant. Hence I am inclined to pass the following order :
ORDER
(i) The Applicant- Vitthal Vishnu Jog in connection with Crime No.
1343/2025 registered with Karad City Police Station, District Satara for
the offences punishable under Sections 75(3), 78 and 351(4) of Bharatiya
Nyaya Sanhita, 2023 and under Sections 67 of Information Technology Act,
2000, he be released on bail on furnishing P.R. bond of Rs.50,000/-
(Rupees Fifty Thousand) with two solvent sureties in the like amount, on
the following conditions :
(a) The Applicant shall attend the police station on the first
day of every month between 11.00 am to 2.00 pm.
(b) The Applicant shall attend the Court dates regularly.
(c) The Applicant shall not enter in Karad City till recording
the evidence of the Complainant except attending the Court
dates and Police Station as aforesaid.
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(d) The Applicant shall not, directly or indirectly, attempt to
contact the Complainant or any of her family members. In the
event the Complainant reports any threat, intimidation, or
harassment by the Applicant towards her or her family members,
the same shall constitute a valid ground for seeking cancellation
of bail and may also entail prosecution in accordance with law.
(e) The Applicant shall not tamper with the prosecution
evidence and shall not influence the witnesses.
(f) The Applicant shall submit his Aadhar and PAN Cards to
the Investigating Officer and detailed addresses of the residence
and phone numbers of himself and two of the near relatives.
(ii) The application is allowed in the above terms and stands
disposed of.
( MEHROZ K. PATHAN, J.)
Harish
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