Bombay High Court

RITESH SUNIL WAGHEversusSTATE OF MAHARASHTRA

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The court held that bail should be granted, subject to conditions, as the prima facie case did not demonstrate coercion or non‑consensual conduct.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning FIR No. 349/2025 alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The applicant, a 22‑year‑old, was accused of sexual offences against a 20‑year‑old prosecutrix, but the prosecution’s evidence indicated a consensual relationship spanning 7‑8 months, supported by Instagram chats and the prosecutrix’s statements. The court examined whether the prima facie case warranted denial of bail and found that the consensual nature and lack of coercion weakened the prosecution’s case. Consequently, the court granted bail with a cash bond of Rs. 15,000 and a set of strict conditions, including regular reporting to the police, non‑interference with witnesses, and restriction on leaving Maharashtra. The order also directed payment of legal aid fees to the appointed advocate under the Maharashtra State Legal Services Authority Rules.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged consensual relationship.
Whether the prima facie evidence establishes a case strong enough to justify denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 123, 138, 351(2), 351(3), 352, 64(1)

Subjects

bail
consensual relationship
criminal procedure
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
legal aid
conditions of bail

Judgment

25. BA-4755-25.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4755 OF 2025

Ritesh Sunil Waghe .. Applicant
Versus
State of Maharashtra & Anr. .. Respondents
....................
 Mr. Ranjeet Shripat Rao, Advocate for Applicant
 Ms. Rajeshree V. Newton, APP for State
 Ms. Kavisha Khanna, Advocate (appointed) for Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 16, 2026
P. C.:

1. Heard Mr. Rao, learned Advocate for Applicant; Ms. Newton,

learned APP for State and Ms. Khanna, learned Advocate (appointed)

for Respondent No. 2.

2. This is an Application under Section 483 of Bharatiya Nagarik

Suraksha Sanhita, 2023 seeking Bail in connection with FIR No.

349/2025 dated 04.08.2025 registered with Wakad Police Station,

Pimpri-Chinchwad, Pune for the offences punishable under Sections

64(1), 138, 352, 351(2), 351(3), 115(2) and 123 of the Bharatiya

Nyaya Sanhita, 2023 (for short "BNS").

3. Applicant in the present case is 22 years old whereas the

prosecutrix was 20 years old. Alleged date of incident is 03.08.2025.

FIR is lodged at 04.08.2025. Prima facie, the statement of prosecutrix

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25. BA-4755-25.odt

at the time of filing of FIR which is appended at page No. 37 of

Application reflects that the prosecutrix had known the Applicant for

the past 3-4 months. The friendship and relationship between them is

prima facie seen from the Instagram chats which prosecutrix has been

admitted to and her Section 164 Statement appended at page No. 176

in fact states that she has known the Applicant for the past more than

7-8 months. The places where the prosecutrix had been along with

the Applicant have been duly investigated and prima facie

investigation shows the registration of the name of the Applicant as

well as prosecutrix in the lodge register which details are also stated at

page No. 95 of the Application.

4. Prima facie case is clearly made out in view of the

consensualness of the relationship between the parties and the parties

having known to each other for the past more than 7-8 months as also

on the basis of them having been in digital communication with each

other over a period of time as also the affirmative statement of the

prosecutrix which are recorded by investigation which prima facie

show that she had befriended the Applicant through her common

friend called Mr. Kasar.

5. In view of the consensualness of the prosecutrix and the

material placed on record, Applicant has made out a case for grant of

bail. Hence Applicant is released on bail on following conditions:-

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25. BA-4755-25.odt

(i) Applicant is directed to be immediately released from

prison in connection with FIR No. 349/2025;

(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 sureties in the like

amount;

(iii) Applicant is permitted to furnish provisional cash bail

of Rs. 15,000/- for his release immediately and file

undertaking that he will provide one or two sureties in

the like amount of Rs. 15,000/- within a period of four

weeks after his release which shall be accepted by the

Trial Court. Applicant shall provide surety as directed;

(iv) Applicant shall report to the Investigating Officer at

Wakad Police Station, once every month on the first

Monday of the month between 10:00 a.m. to 12:00

p.m.;

(v) 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

prosecution to apply for revocation of this order;

(vi) Applicant shall not leave the State of Maharashtra

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25. BA-4755-25.odt

without prior permission of the Trial Court;

(vii) Applicant shall not influence with any of the witnesses

or tamper with the evidence in any manner;

(viii)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

(ix) Any infraction of the conditions shall entail cancellation

of bail granted to the Applicant.

6. Needless to state that the above observations will not come in

the way of trial as they are prima facie in nature based on the

submissions made and the material placed before this Court.

7. This Court appreciates the assistance rendered by Ms. Khanna,

appointed Advocate through the legal aid. Her fees be paid by the

High Court Legal Aid Services Authority as per rules on production of

a server copy of this order and other compliances in accordance with

the decision of this Court in the case of Sanjyot Nitin Telharkar vs. The

State of Maharashtra & Anr.1 and the Schedule under Regulation 18(1)

of the Maharashtra State Legal Services Authority Rules, 1998.

8. Bail Application is allowed and disposed of in the above terms.

Amberkar [ MILIND N. JADHAV, J. ]

1 Judgment dated 25.09.2024 passed in Misc. Civil Application No.134 of 2024

Digitally
signed by
RAVINDRA
RAVINDRA MOHAN
4 of 4
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.16
20:10:24
+0530

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