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 1 of 4 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:- 2 of 4 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 3 of 4 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 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.16 20:10:24 +0530