924-BA-3453-2025 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3453 OF 2025 Akshay Ankush Mane …. Applicant Versus The State of Maharashtra and Anr. …. Respondents ----- Mr. Abhay Jadhavar a/w Mr. Rutik Kashid, Advocate for the Applicant. Mr. S. S. Chaudhari, A.P.P., for the Respondent – State. Mr. Giridhar S. Koli, Advocate for Respondent No.2. ----- CORAM : SHIVKUMAR DIGE, J. DATE : 10th OCTOBER, 2025. P.C. : 1. By this application, the Applicant is seeking regular bail in connection with C.R. No.271 of 2024 registered with Miraj Rural Police Station, District: Sangli, for the offences punishable under Sections 363, 366, 376(3), 376(2)(N), 376(F) of the Indian Penal Code, 1860 (for short, “IPC”) along with Sections 3(a), 4, 5 (L), 5 (N) & 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”). 2. It is prosecution’s case that the Applicant kidnapped the Shantanu S. Dhudum 1/4 SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2025.10.14 12:31:55 +0530 924-BA-3453-2025 (CR).doc victim on 9th May, 2024 on the promise of marriage, and sexually assaulted on several occasions. At the time of incident, the victim was 15 years and 10 months old. 3. It is contention of learned counsel for the Applicant that there was love affair between the Applicant and victim. Victim herself eloped with the Applicant. There was consensual sexual relations between them. The victim has stated this fact when asked about her medical history before her medical examination. The Applicant is behind bars for around sixteen months, yet charge has not been framed. Investigation is completed and charge-sheet has been filed. Hence, requested to allow the application. 4. It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant kidnapped the victim, who was minor. The Applicant was aware about her age and sexually assaulted her on the promise of marriage. If the Applicant is released on bail, he may threaten the victim and prosecution witnesses and requested to reject the application. 5. I have heard both learned counsel, perused F.I.R. and documents produced on record. 6. At the time of incident, the victim was more than 15 years Shantanu S. Dhudum 2/4 924-BA-3453-2025 (CR).doc old. While giving history of sexual assault before the medical examination, the victim has stated that the Applicant had made a promise to marry her. She herself eloped with the Applicant. They had three episode of consensual penetrative without protection. The Applicant is behind bars for more than sixteen months. Charge has not been framed. It may take time to conclude the trial. Considering these facts, and I pass following order: ORDER i. Application is allowed. ii. The Applicant be released on bail in connection with C.R. No.271 of 2024 registered with Miraj Rural Police Station, District: Sangli, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. iii. The Applicant shall attend the concerned police station as and when required. iv. The Applicant shall not enter in the area where the victim stays. v. The Applicant shall remain present before the trial Court on each date unless exempted by the Trial Shantanu S. Dhudum 3/4 924-BA-3453-2025 (CR).doc Court. vi. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vii. The Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer. 7. The application is allowed in the aforesaid terms and is accordingly disposed off. 8. It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 9. All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4