Bombay High Court
KUNAL SUNIL SHIROLEversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court granted bail to the applicant subject to a cash bond and conditions to prevent evidence tampering and ensure attendance before police.
Summary
The High Court considered a bail application filed by Kunal Sunil Shirole, who is charged under Sections 64(1), 78 and 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 for allegedly sexually assaulting a victim between 2018 and 2020 and forcing a marriage. The applicant, who has been in custody for over seven months, claimed that the relationship was consensual, the victim was over sixteen, and that the parties have settled the matter with a divorce undertaking. The prosecution opposed bail, arguing the seriousness of the offences, the victim’s minority at the time, and the risk of the applicant absconding or tampering with evidence. The court noted the applicant’s clean antecedent record, the alleged settlement, and the undertaking to divorce, and concluded that bail could be granted with appropriate safeguards. Accordingly, the court ordered the release of the applicant on a cash bond of Rs.25,000 with sureties, imposing conditions to prevent evidence tampering and to attend police as required.
Issues considered
- Whether bail should be granted in a case involving alleged sexual assault of a minor under BNS and POCSO statutes
- Whether the alleged settlement and divorce undertaking negate the risk of tampering or absconding
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 352, 64(1), 78
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 8
Subjects
- bail
- sexual assault
- minor
- POCSO
- Bharatiya Nyaya Sanhita
- marriage by force
- settlement
- evidence tampering
Judgment
7-BA-4620-2025 (CR).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4620 OF 2025
Kunal Sunil Shirole … Applicant
Versus
State Of Maharashtra And Anr … Respondents
_________________________________________________________________
Ms.Shubhangi Parulekar a/w Ms.Grishma Parab, for the Applicant.
Mr.B.B. Kulkarni, APP for Respondent-State.
Digitally signed
Mr.Samay Pawar, for Respondent No.2.
NILAM by NILAM
SANTOSH _________________________________________________________________
SANTOSH KAMBLE
KAMBLE Date: 2026.03.24
11:11:24 +0530
CORAM : SHIVKUMAR DIGE, J.
DATE : 18th MARCH 2026
P.C. :
. By this Application, the Applicant is seeking regular bail in
Crime No.200 of 2025 registered with Dehu Road Police Station, Pune, for
the offences punishable under Sections 64(1), 78, 352 of the Bharatiya
Nyaya Sanhita, 2023 (‘BNS’ for short), Sections 4 and 8 of the Protection
of Children from Sexual Offences Act, 2012 (‘POCSO’ for short).
2. It is prosecution’s case that during period year 2018 to 2020,
the Applicant sexually assaulted the victim by threatening her. It is alleged
that the Applicant married with victim by threatening her.
3. It is contention of learned counsel for the Applicant that there
was love affair between the Applicant and victim. There is delay in lodging
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7-BA-4620-2025 (CR).doc
N.S.Kamble
FIR. At the time of the incident, victim was more than 16 years old. The
Applicant is behind bars for more than seven months. The Applicant has
no antecedents. It may take time to conclude trial. The learned counsel
further submitted that the Applicant has filed undertaking before this
Court stating that the Applicant will give divorce to the Victim/First
Informant without imposing any condition. The learned counsel further
submitted that both the parties have settled the matter out of the Court
and Consent Terms are prepared between them and requested to allow the
Application.
5. It is contention of learned APP that, the Applicant sexually
assaulted the victim on several occasions by threatening her. He
performed marriage by threatening her. At the time of incident, victim was
minor. If the Applicant released on bail, he may abscond or threaten
Victim and prosecution witnesses, and requested to reject the Application.
6. The learned counsel for First Informant submitted that the
matter is settled out of Court and Consent Terms are prepared between the
parties, as the Applicant has given undertaking for divorce to the
Victim/First Informant, hence, appropriate order be passed.
7. I have heard all learned counsel. Perused charge-sheet and
documents produced on record.
8. The Applicant is behind bars for more than seven months. It
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7-BA-4620-2025 (CR).doc
N.S.Kamble
appears that the Applicant and victim had love affair. The Applicant has
no antecedents. The Applicant has given undertaking he will give divorce
to the First Informant.
9. Considering these facts, I pass following order.
ORDER
(i) The Applicant be released on bail in Crime No.200 of
2025 registered with Dehu Road 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) The Applicant shall attend the concerned Police
Station as and when required.
(v) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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