39. BA 2489-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2489 OF 2026 Shubham Shashikant Sali .Applicant Vs. The State of Maharashtra & anr. .Respondents Mr. Ganesh Gupta a/w. Mr. Alpesh Vegad, Mr. Pradip Naik & Mr. Kitik Gupta, Advocates, for the Applicant Ms. Rajeshree Newton, APP, for Respondent No. 1 – State Ms. Tithi Raut, Appointed Advocate, for Respondent No. 2 Ms. Priyanka Shivaji Karande, PSI, Wakad Police Station, Pune present CORAM : MILIND N. JADHAV, J. DATE : 22.09.2026 P. C. 1. Heard Mr. Ganesh Gupta, learned Counsel for the Applicant, Ms. Newton, learned APP for Respondent No. 1 and Ms. Raut, learned Counsel for Respondent No. 2. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No.738 of 2025 registered with Wakad Police Station, Pune for offences punishable under Sections 64, 64(2)(m), 69, 318(4), 316(2), 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and under Sections 4, 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO”). Anand 1 of 7 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.23 20:09:12 +0530 39. BA 2489-2026.doc 3. The Applicant is 32 years old, whereas the prosecutrix is 16 years old at the time of commission of the crime as incident in question occurred in the year 2020. The date is not clear on reading of the FIR. FIR is filed by the mother of prosecutrix namely the First Informant on 18.12.2025 after a hiatus of five years. Mr. Gupta, learned Counsel appearing on behalf of Applicant has persuaded Court to consider the precursor incident rather incidents in question. He would fairly argue that the Applicant was instrumental in sponsoring substantial amounts for building and development of a landed immovable property belonging to the First Informant situated at Malavali, Lonavala, Pune. He would submit that at the then time, the First Informant and her two daughters were residing in Pune when in 2020 the Applicant refriended them and had gained their complete confidence. The Applicant for that matter claims to be a Vastu Visharad and a Vastu Expert also Pendulum Expert as also Reiki Healing Master and paranormal investigator and has an official handle called Babaji Ka Gyan. This is what is gathered from the material which is placed before me and he also runs an ISO certified Dharuma Healing Centre in Pune. Mr. Gupta would submit that in July, 2025 namely on 17.07.2025, a detailed complaint was filed by the Applicant with the Commissioner of Police in Pune City, inter alia against the First Informant. This Anand 2 of 7 39. BA 2489-2026.doc complaint is filed on 17.07.2025, inter alia, disclosing the fact that the prosecutrix/victim who was then a major person and the Applicant before me were in a love relationship. It is so stated in that complaint. The issue relating to the development which was undertaken by Applicant qua the First Informant is also stated in the said complaint. The precursor to that complaint happens to be a compliant filed by the First Informant on 09.07.2025 with a social organization called Dalit Panthers Group with regard to and alleging that Applicant had duped the First Informant for a substantial sum of money. The Applicant has placed on record all details in his complaint. The present FIR is filed on 18.12.2025 by the First Informant for the first time about the incident which took place in the year 2020 when the prosecutrix/victim was 16 years old and below 18 years and a minor. After going through the material placed on record which is the second limb of Mr. Gupta’s submissions, inter alia, with regard to the statements recorded by the prosecution pursuant to filing of the present FIR and appended from page No. 259 onwards, it is prima facie clear that the First Informant and the Applicant had a clear subsisting relationship since 2020 with regard to development of the immovable property and most importantly, the Applicant had through various vendors and contractors carried out substantial construction of the house of the First Informant. Anand 3 of 7 39. BA 2489-2026.doc The said statements also give primacy to the fact that the Applicant was very close to the family of First Informant and more specifically her two daughters. That itself prima facie explains the case of the Applicant before me. 4. Per contra, Ms. Raut, learned Appointed Advocate would however, persuade the Court to consider the fact that the Applicant, being a major has in fact duped the prosecutrix. She would attempt to argue that the prosecutrix was a minor at the time of the incident. But then when a pointed question is asked with regard to the delay in filing the FIR, there is no answer to the same. It is true that delay in filing FIR in such matters can always be considered by the Court in view of the trauma that the victim faces but such is not the case before me. There is no element of trauma whatsoever especially when even the date of incident is not given specifically and therefore, delay of five years does not enure to the benefit of the First Informant before me. Prima facie, after considering the material which is placed before me, I am of the opinion that the FIR which has been filed is the outburst againnst the two precursor twin complaints dated 09.07.2026 and 17.07.2025 which were already before the police authorities qua the First Informant and the Applicant before me. 5. In that view of the matter, I am inclined to accept the Anand 4 of 7 39. BA 2489-2026.doc submissions made by Mr. Gupta and release the Applicant on bail. 6. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Shubham Shashikant Sali is directed to be immediately released from prison in connection with CR. No. 738 of 2025 ; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at Wakad Police Station, Pune, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; Anand 5 of 7 39. BA 2489-2026.doc (v) Applicant shall not leave the Country without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 7. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. This Court appreciates the assistance rendered by Ms. Raut, Anand 6 of 7 39. BA 2489-2026.doc learned Advocate appointed through the Legal Aid to espouse the cause of Respondent No. 2. Her fees are directed to 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 v. The State of Maharashtra & Anr., reported in Judgment dated 25.09.2024 passed in Misc. Civil Application No. 134 of 2024 and the Schedule under Regulation 18(1) of the Maharashtra State Legal Services Authority Rules, 1998. 9. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 7 of 7