34.BA.427.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.427 OF 2026 Akshay Madan Varathe .. Applicant Versus The State of Maharashtra and Anr. .. Respondents ....................  Mr. Amit Pradhan, Advocate for Applicant.  Ms. Shilpa G. Talhar, APP for Respondent No.1.  Ms. Pallavi Nitin Ingale, Respondent No.2 present in-person. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 23, 2026 P.C. : 1. Heard Mr. Pradhan, learned Advocate for Applicant and Ms. Talhar, learned APP for Respondent No.1. In so far Respondent No.2 is concerned, First Informant is present in-person before me. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.568 of 2025 registered with Ambad Police Station for offences punishable under Sections 107, 108, 351(2), 352, 3(5), 64(1), 75, 77, 79 of the Bharatiya Nyaya Sanhita, 2023; Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 66(e) and 67 of the Information and Technology Act, 2000. 3. Applicant is arraigned as Accused No.2 in the present crime. There are three accused persons. They are all indicted for abetting the suicide of the prosecutrix-victim. Prima facie, the material which is 1 of 4 34.BA.427.2026.doc investigated and placed on record shows that admittedly, the prosecutrix-victim had an affair with the Accused No.1. 4. In so far as charge against Accused Nos.2 and 3 is concerned, they have been indicted for forwarding the photograph which they received on their mobile phone to others. The said photograph was a photograph of the deceased prosecutrix and Accused No.1 together. It was not an objectionable photograph either save and except Accused No.1 having kept his hand on the shoulder of the prosecutrix there was nothing other than that which was objectionable in the said photograph. 5. The material placed on record namely in the form of WhatsApp chats, prima facie shows that the relationship of friendship was between the Accused No.1 and the deceased prosecutrix-victim. Admittedly both of them were related to each other also and therefore knew each other well. Accused No.3 and Accused No.2 are alleged with the same charge. Accused No.3 has already been enlarged on bail on 09.03.2026. Present Accused No.2 is also a young offender having been charged for the same reason therefore prays to be released on bail on parity. 6. Ms. Talhar undoubtedly makes out a strong case but the record prima facie shows that there has to be a strong prima facie case of instigation on the part of the Accused person to show his or her 2 of 4 34.BA.427.2026.doc complicity in the crime. That not having been shown to me, I am inclined to consider the Applicant’s case for release on bail on parity. 7. The Applicant has no antecedents. He has suffered the ignominy of jail for almost a little over one year. Applicant was a student and therefore his studies will get ruined if he is kept in jail further. 8. Considering the aforesaid, Applicant is released on bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 568 of 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 surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) 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 3 of 4 34.BA.427.2026.doc prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra 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 address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. 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. 10. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.23 15:10:36 +0530