Bombay High Court
RUSHABH DATTRAO SOLANKEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The Court granted bail to the applicant, finding no necessity for further detention.
Summary
The applicant, Rushabh Dattrao Solanke, was arrested on 15 April 2026 for alleged stalking and harassment of a woman, based on complaints that he repeatedly called, messaged, and pursued her since March 2024. He was detained for over one and a half months and his bail application was initially rejected on 30 April 2026. The High Court examined whether further detention was necessary given the nature of the offences—Sections 333, 78, 126(2) and 351(4) of the Bharatiya Nyaya Sanhita, 2023—none of which carry life imprisonment or capital punishment, and noted no prior similar conduct. The Court also held that service of notice to the second respondent was not required. Concluding that continued custody was unwarranted, the Court allowed the bail application, directing the applicant to furnish a personal bond and surety of Rs. 25,000, refrain from contacting witnesses, and cooperate with the investigation.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of stalking and harassment allegations under the Bharatiya Nyaya Sanhita, 2023.
- Whether service of notice to the second respondent is a prerequisite for granting bail in this case.
- Whether the nature of the offences and the applicant's custody duration justify continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 333, 351(4), 78
Subjects
- bail
- stalking
- harassment
- Bharatiya Nyaya Sanhita
- criminal procedure
- notice of bail
- surety
Judgment
2026:BHC-AUG:22017
BA-916-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 916 OF 2026
Rushabh Dattrao Solanke ...Applicant
Versus
The State of Maharashtra & Anr ...Respondents
***
• Mr. S. S. Rathi, Advocate for the Applicant
• Mr. A. R. Kale, APP for the Respondent/State
***
CORAM : S. G. CHAPALGAONKAR, J
(VACATION COURT)
DATE : MAY 28, 2026
PC :
1. Although notice issued to Respondent No. 2 unserved, service of
notice is not necessary looking to nature of offences alleged.
2. Heard learned Advocates appearing for respective parties.
3. The Applicant seeks regular bail in connection with Crime No.
165/2026 dated 12.04.2026 registered with Sengaon Police Station, District Hingoli
for offences punishable under Sections 333, 78, 126(2) and 351(4) of Bharatiya
Nyaya Sanhita, 2023.
4. The investigation has been set in motion on basis of information given
by a lady aged about 35 years. In nutshell, she states that Applicant visited her office
and obtained her mobile number. Since March, 2024, he made calls on various
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BA-916-2026.odt
pretext. He send many messages to her. He repeatedly chased her and expressed his
affinity towards her. In spite of warning by informant, he continued calling and
stalking her.
5. On registration of offence, Applicant has been arrested on 15.04.2026.
Since 16.04.2026, he is in MCR. His bail application came to be rejected vide order
dated 30.04.2026.
6. The perusal of FIR would demonstrate that since March, 2024 till
lodging of FIR in month of April, 2026, Applicant was stalking informant by
various modes. The Applicant is behind bars for more than one and half month.
Looking to nature of allegations, further detention of Applicant would not be
necessary. Nothing is brought on record to show that Applicant had previously
involved in similar type of offences. The trial would take its own course. The alleged
offences are not punishable with life imprisonment or capital punishment. The case
is made out to grant bail to Applicant. Hence, following order:
ORDER
(i) Bail Application is allowed.
(ii) The Applicant be released on bail in connection with Crime No.
165/2026 dated 12.04.2026 registered with Sengaon Police Station,
District Hingoli for offences punishable under Sections 333, 78,
126(2) and 351(4) of Bharatiya Nyaya Sanhita, 2023, on furnishing
PB & SB of Rs. 25,000 (Rupees Twenty Five Thousand Only) with
one surety in the like amount.
(iii) He shall attend the concerned police station as and when required.
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BA-916-2026.odt
(iv) He shall not contact the witnesses directly or indirectly.
(v) He shall not interfere with the evidence in any manner whatsoever.
(vi) He is further directed to cooperate the investigating agency for
further investigation.
(S. G. CHAPALGAONKAR, J.)
Umesh
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