Bombay High Court
AKSHAY MADAN VARATHEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to Accused No.2 on the condition of a cash bond and compliance with stipulated conditions, as no prima facie evidence of instigation was shown and parity with a co‑accused was established.
Summary
The applicant, Accused No.2, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with CR No.568 of 2025, which alleged his participation in the suicide of the prosecutrix and the forwarding of a photograph of her with another accused. The charges spanned sections of the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Information Technology Act, 2000. The court noted that the prosecution had not shown a prima facie case of instigation by the applicant and that a co‑accused (Accused No.3) had already been released on bail, establishing parity. The applicant also had no prior criminal record and was a student whose studies would be jeopardised by continued detention. Accordingly, the court granted bail with a cash bond and several reporting and conduct conditions, while expressly limiting its observations to bail and not the merits of the case.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the offences alleged.
- Whether there exists a prima facie case of instigation or complicity that would justify denial of bail.
- Whether parity with a co‑accused who has already been released on bail warrants granting bail to the applicant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 107, 108, 3(5), 351(2), 352, 64(1), 75, 77, 79
- Information Technology Act, 2000 — s. 66(e), 67
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8
Subjects
- bail
- criminal procedure
- prima facie
- instigation
- parity
- suicide
- photograph forwarding
- POCSO
- IT Act
- Bharatiya Nyaya Sanhita
Judgment
34.BA.427.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.427 OF 2026
Akshay Madan Varathe .. Applicant
Versus
The State of Maharashtra and Anr. .. Respondents
....................
Mr. Amit Pradhan, Advocate for Applicant.
Ms. Shilpa G. Talhar, APP for Respondent No.1.
Ms. Pallavi Nitin Ingale, Respondent No.2 present in-person.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 23, 2026
P.C.:
1. Heard Mr. Pradhan, learned Advocate for Applicant and Ms.
Talhar, learned APP for Respondent No.1. In so far Respondent No.2
is concerned, First Informant is present in-person before me.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.568 of 2025 registered with Ambad Police Station for offences
punishable under Sections 107, 108, 351(2), 352, 3(5), 64(1), 75, 77,
79 of the Bharatiya Nyaya Sanhita, 2023; Sections 4, 8 and 12 of the
Protection of Children from Sexual Offences Act, 2012 and Sections
66(e) and 67 of the Information and Technology Act, 2000.
3. Applicant is arraigned as Accused No.2 in the present crime.
There are three accused persons. They are all indicted for abetting the
suicide of the prosecutrix-victim. Prima facie, the material which is
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investigated and placed on record shows that admittedly, the
prosecutrix-victim had an affair with the Accused No.1.
4. In so far as charge against Accused Nos.2 and 3 is concerned,
they have been indicted for forwarding the photograph which they
received on their mobile phone to others. The said photograph was a
photograph of the deceased prosecutrix and Accused No.1 together. It
was not an objectionable photograph either save and except Accused
No.1 having kept his hand on the shoulder of the prosecutrix there was
nothing other than that which was objectionable in the said
photograph.
5. The material placed on record namely in the form of
WhatsApp chats, prima facie shows that the relationship of friendship
was between the Accused No.1 and the deceased prosecutrix-victim.
Admittedly both of them were related to each other also and therefore
knew each other well. Accused No.3 and Accused No.2 are alleged
with the same charge. Accused No.3 has already been enlarged on bail
on 09.03.2026. Present Accused No.2 is also a young offender having
been charged for the same reason therefore prays to be released on
bail on parity.
6. Ms. Talhar undoubtedly makes out a strong case but the
record prima facie shows that there has to be a strong prima facie case
of instigation on the part of the Accused person to show his or her
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complicity in the crime. That not having been shown to me, I am
inclined to consider the Applicant’s case for release on bail on parity.
7. The Applicant has no antecedents. He has suffered the
ignominy of jail for almost a little over one year. Applicant was a
student and therefore his studies will get ruined if he is kept in jail
further.
8. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 568 of 2025;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen
Thousand only) with one or two surety / sureties of the
like amount;
(iii) Applicant shall report to the Investigating Officer at the
concerned Police Station, once every month on the first
Monday 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
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34.BA.427.2026.doc
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 any of the witnesses 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.
9. 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.
10. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.23
15:10:36 +0530
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