H.C.SHIV 17.ba4771.25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4771 OF 2025 Ritesh Shyam Patel ...Applicant V/s. State of Maharashtra & Anr. ...Respondents Ms. Mridul Das i/b Abhinav Dubey for the Applicant. Mr. V. A. Kulkarni, APP for Respondent No.1-State. Mr. Danish Patel, Advocate appointed for Respondent No.2. Mr. Mohan Jadhav, API, Kurar police station present. CORAM : SHYAM C. CHANDAK, J. DATED : 2nd JULY, 2026 P.C. :- 1. Present Application seeks release of the Applicant on bail in connection with FIR bearing C.R. No.198 of 2023, registered with Kurar police station under Section 376(2)(n) of the Indian Penal Code (“I.P.C.”) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO”). 2. Heard Ms.Das, learned Counsel for the Applicant, Mr.Kulkarni, learned APP for Respondent No.1-State and Mr.Patel, learned Advocate for Respondent No.2. 3. The prosecution case is that, since childhood the victim was residing with her Maternal Uncle. At the relevant time, love relationship were established between the victim and the Applicant. Therefore, the victim eloped alongwith the Applicant in March 2022. It led to filing of a report of HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.07.04 15:36:03 +0300 H.C.SHIV 17.ba4771.25.doc kidnapping which was registered as C.R. No.241 of 2022, under Section 363 of I.P.C. at Kurar police station. Thereafter, in April 2022, the victim and the Applicant were called to the Kurar police station. The victim was referred for medical examination and the Applicant was arrested. Thereafter, the Applicant got released on bail in September 2022. Further, in the first week of November 2022, the Applicant called the victim at his residence, where they both had physical relationship. In December 2022, the victim realised that she was pregnant and she informed the said fact to the Applicant. Since the victim was minor, the marriage was not possible, therefore, the two waited for some time. Thereafter, on 13th February 2023, the victim and the Applicant got married. Further, on 24th March 2023, the victim delivered a stillborn baby. Since, the victim was minor, therefore, on the report filed by Appa Halle, police constable, the aforesaid crime came to be registered and the Applicant was arrested. On completion of the investigation, the charge-sheet came to be filed. 4. Considering the aforesaid facts of the case, it is evident that the victim and the Applicant being young and in love relationship, they had physical relationship. Consequently, the victim got pregnant. However, as their marriage was not possible, they waited until the victim became a major. The supplementary statement of the victim states that after she became major, she got married with the Applicant on 14th February 2023. 5. The investigation is over. Further detention of the Applicant in jail will not serve any purpose. Therefore, the Applicant is entitled for bail. Hence, following Order is passed:- (i) The Applicant-Ritesh Shyam Patel shall be released on bail in connection with FIR bearing C.R. No.198 of 2023, registered with Kurar police station under Section 376(2)(n) of the I.P.C. and H.C.SHIV 17.ba4771.25.doc Section 4 of the POCSO Act, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iii) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (iv) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (v) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove. 6. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)