244-25-BA.odt {1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.244 OF 2025 Sagar S/o Bhausaheb Kharat, Age: 28 years, Occu.: Majuri, R/o: Godavari Vasahat, Sakuri, Tq. Rahata, Dist. Ahmednagar. … Applicant Versus 1. The State of Maharashtra, Through : In-charge Police Inspector, Shirdi Police Station, Tq. Rahata, District Ahmednagar. 2. XYZ … Respondents WITH CRIMINAL APPLICATION NO.1244 OF 2025 IN BA/244/2025 XYZ … Applicant Versus 1. Sagar S/o Bhausaheb Kharat, Age: 28 years, Occu.: Majuri, R/o: Godavari Vasahat, Sakuri, Tq. Rahata, Dist. Ahmednagar. 2. The State of Maharashtra, Through : In-charge Police Inspector, Shirdi Police Station, Tq. Rahata, District Ahmednagar. … Respondents ...... Mr. A.N. Barhate Patil, Advocate for Applicant Mr. S.B. Narwade, APP for State Mr. A.B. Chormal, Advocate for Respondent No.2 Ms. Smita Chole (Kendre), Advocate (appointed) for Assist to APP ...... CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 08 APRIL 2025 PRONOUNCED ON : 09 APRIL 2025 2025:BHC-AUG:10599 244-25-BA.odt {2} PER COURT :- 1. Applicant seeks regular bail on account of his arrest in Crime No.0331 of 2024, registered with Shirdi Police Station, District Ahmednagar Jalna for offences punishable under Sections 376, 354, 506 of the Indian Penal Code (IPC) and under Section 67(B) of the Information and Technology Act. 2. Criminal Application No. 1244 of 2025 is filed by the learned counsel who is appointed to represent respondent No.2, seeking permission to assist APP. For the reasons mentioned in the application, the applicant is permitted to assist APP. The application is accordingly disposed of. 3. Learned counsel for the applicant submitted that, applicant is arrested on 22.08.2028 in FIR dated 29.05.2024. Thus, it is delayed FIR. That, victim has attained the age of discretion as she is above 17 years of age. That, there was love affair between applicant and victim. That, only two incidents are quoted, out of which one is of physical relations, but not forceful. Learned counsel emphasizes that, in the FIR it is stated that victim was not willing to lodge report. Even she did not face medical examination, therefore, report was at the instance of parents and under their pressure. That, victim has tendered an 244-25-BA.odt {3} affidavit conveying her no objection for grant of bail. Lastly, he submitted that now investigation is over and charge-sheet is already filed in September 2024, and as no further recovery of discovery is shown to be made at his instance, learned counsel urges for grant of bail. 4. Learned APP opposed on the ground that serious offence is committed. That, at the time of incident, victim was minor. That, she has given statement before the Court under Section 164 of the Cr.P.C. That, applicant, who was married cannot claim love relations with minor girl. That, now charge-sheet is already framed and list of witnesses is already tendered, and therefore, learned APP opposes the bail application, on the ground that trial is about to commence. 5. Learned counsel appointed for assist to APP, also strongly opposed. She claims that on the strength of some videos, victim has been blackmailed. That, in spite of being married, the applicant has a habit of shooting videos and then blackmailing girls. That, he in spite of being married, has performed illegal marriage with the victim, and therefore, bail is opposed. 6. Learned counsel for the victim is submitted that, he has received an affidavit of the victim regarding no objection for grant of bail. 244-25-BA.odt {4} 7. Heard. Perused the FIR dated 29.05.2024 at the instance of victim herself. In report dated 29.05.2024, she has informed that, she had studied up to 12th standard. While going to the college in a rickshaw, she came in contact with the present applicant, and she claims that, they exchanged their mobile numbers to each other, and thereafter, started chatting. In report itself, she stated that she started liking him and there was love affair between them. She claims that, in October 2023, when she went out with him, after chatting, he embraced her and kissed her. Then, in November 2023, he called her at his home and when no one was in the house, against her wish, he kissed her and took photographs of kissing. She further reported that, in April 2024, he took her to lodge, that time, against her wish, he had sexual relations with her, and therefore on the strength of photographs, he started threatening her. In police papers tendered to the Court at Rahata dated 27.07.2024, her age is reflected as 18 years and 3 months. As pointed in the FIR, specific dates are not given, and merely months are given i.e. October 2023, November 2023 and April 2024. She herself has admitted that, she has love affair with applicant. Learned APP as well as learned counsel appointed for 244-25-BA.odt {5} victim opposed on the ground that applicant was already married. Neither sides dispute that investigation is over and charge-sheet is filed in September 2024, and list of witnesses is also said to be tendered, and matter is awaiting for muddemal. Therefore, such material indicates that matter is on the verge of trial. 8. Resultantly, taking the above discussion into consideration, precisely as the trial is about to commence, this Court is not inclined to grant bail. Hence, the following order : ORDER (i) Bail Application is rejected. (ii) Fees of the learned counsel appointed to represent no.2 be paid by the High Court Legal Services Sub-Committee, Aurangabad as per Rules. ABHAY S. WAGHWASE, JUDGE S P Rane