ba265.25 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 265 OF 2025 Ramesh s/o Uttam Surwase Versus The State of Maharashtra and another ….. Advocate for the applicant: Mr. P.P. More A.P.P. for respondent No.1:Mr. N.B. Patil Advocate for respondent No.2:Mr. C.S. Deshmukh (appointed) ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 26th AUGUST, 2025. PER COURT:- 1. The applicant is seeking regular bail under Section 439 of the Cr.P.C. in connection with F.I.R. i.e. crime No. 249 of 2024 registered with Renapur police station, district Latur, for the offences punishable under Sections 376, 376(2)(N) and 506 of I.P.C. and sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (Special Case (POCSO) No. 109 of 2024). 2. The informant, who is 15 years old girl, averred in the report that the applicant is a truck driver in her village. Eight months before the incident, when she was alone in the tin shed of an agricultural land, where her father was serving the applicant came there. He was talking with her pleasantly. The applicant said her that he likes her and he is ready to marry with her. He then requested her to allow 2025:BHC-AUG:23616 ba265.25 -2- him to love with her. She said that she is teen aged girl. She opposed him but he insisted her to live with him. Then he threatened her that he will kill her and committed forcible sexual intercourse with her He was frequently coming there and used to commit sexual intercourse with her against her will. She was conceived. On 10.7.2024, there was pain in her stomach, therefore, she informed about the incidents to her parents. Her maternal uncle was called and entire incident was narrated to him. A pregnancy kit was brought and on 11.07.2025 it was confirmed that she is pregnant. Therefore, the report was lodged. 3. Learned advocate for the applicant submitted that the applicant is falsely implicated in the crime. It is a case of love affair. He submitted that the applicant is behind the bars since last one year. The practical investigation is over. The applicant has roots in society. The trial will take long period. He submitted that the applicant be released on bail. He is relying upon the following authorities:- i) Ashik Ramjan Ansari vs. State of Maharashtra and another (Criminal appeal No. 1184 of 2019 decided on 10.07.2023), in which in para 28 this Court observed that:- “This is a peculiar case, where the evidence on record has ba265.25 -3- clearly made out a case for consensual sex, as no where in the examination-in-chief or her cross-examination, the prosecutrix has alleged that sexual intercourse was forcible and without her consent and throughout her deposition, she is consistent on the said stand though state that she was informed that the accused was already married to some other woman.” ii) Nitin Damodar Dhaberao vs. State of Maharashtra and another (Criminal Application (BA) No.718 of 2023, decided on 05.01.2024), in which this Court in para 6, it is observed that:- “6. ……… It seems that, the alleged incident of sexual relationship is out of the attraction between the two young persons and it is not the case that applicant has subjected the victim for a sexual assault out of lust. Considering the fact that, though charge sheet is filed long back in the year 2020 and there is no progress in the trial and trial will take its own time for final disposal ….” 4. Learned A.P.P. for the respondent-State and learned advocate for respondent No.2 strongly opposed the application and submitted that the applicant has taken disadvantage of the poor financial condition of the informant and by threatening her, he committed sexual intercourse with her and because of which she was conceived. If the applicant is released on bail, he will pressurize the prosecution witnesses and tamper with the evidence. They therefore, prayed to reject the application. ba265.25 -4- 5. Perused the report and papers of investigation. It appears that the victim was 15 years old girl at the time of incident. For about 8 months, frequently the sexual intercourse between them was going on. During the said period, the informant never objected to it. It is a case of love affairs. Pima facie, it appears that no force is used by the applicant. The applicant has roots in society. The trial will take a long period. Considering the law laid down in he above authorities that the victim is fully grown up and age of understanding and particularly the fact that the applicant will not flee away from trial and also considering the cardinal principle of bail that the bail is rule and jail is exception, the application deserves to be allowed on certain conditions. Hence, the following order:- O R D E R I. The application is allowed. II The applicant in connection with F.I.R. i.e. crime No. 249 of 2024 registered with Renapur police station, district Latur, for the offences punishable under Sections 376, 376(2)(N), 506 of I.P.C. and sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (Special Case (POCSO) No. 109 of 2024), be released on bail on furnishing personal bond of Rs.50,000/- with one surety of the like amount on following ba265.25 -5- conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. b) The applicant, except on the date fixed for hearing of the trial, shall not enter in entire Tahsil of Chakur and Renapur, district Latur, till the decision of the Special Case. (SANJAY A. DESHMUKH, J.) rlj/