1 29.ba. 1145.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 1145 OF 2026 Vipul s/o Kishor Patil ..vs.. State of Maharashtra and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.R. Prajapati, advocate for the applicant. Shri H.R. Dhumale, APP for non-applicant/State. Shri S.A. Kotgirwar, Advocate for non-applicant no.2. CORAM: M.M. NERLIKAR, J. DATE : 22.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.240 of 2026 registered with Old Kamptee Police Station, Nagpur for the offences punishable under Sections 64(1), 75(2), 351(2), 340(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 and 12 of the Protection of Children From Sexual Offences (POCSO), Act, 2012. 3. The FIR came to be lodged by the mother of the victim alleging that there is friendship between the applicant and the victim. The applicant would allegedly call the victim to meet him. In the month of October, 2025, the applicant took her to one lodge where he committed forceful sexual intercourse with her and therefore, the report was lodged with the police station, in which the applicant was arrested and later released on bail by the Trial Court. However, again after being released on bail, the applicant called the victim and allegedly established sexual relations with her and 2026:BHC-NAG:12586 2 29.ba. 1145.2026 therefore, the present FIR was lodged against the applicant. 4. Learned Counsel for the applicant submits that the victim is badly in love with the applicant and so she was insisting the applicant to meet her and threats that if the applicant did not meet her, she will gave commit suicide, therefore according to the learned Counsel the present case is outcome of the love affair between the applicant and the victim. He submits that the victim is of understandable age i.e 16 years of age and it is consensual sexual relationship. He further invited my attention to the allegations in the FIR wherein it is alleged that earlier FIR was registered by the victim alleging forceful sexual intercourse in which the victim gave no objection to release the applicant on bail and accordingly, the applicant was released on bail. Thereafter, again the victim and the applicant came in contact on What’s App chat and therefore, on 02.04.2026, the applicant again committed sexual intercourse with the victim at one hotel. He submits that considering the relations and the consent of the victim, no case is made out under Section 64 of the BNS and therefore, the applicant prayed to be released on bail. 5. On the other hand, the learned Counsel appearing for non-applicant no.2/victim opposes the application. He submits that the applicant has committed forceful sexual intercourse, though initially victim has given no objection to release the applicant on bail in the earlier FIR however, now the applicant is insisting the victim for sexual relationship by giving threats. Learned 3 29.ba. 1145.2026 APP vehemently opposes the application and submitted that this is the second FIR against the applicant by the same victim. The earlier FIR was registered against the applicant alleging sexual intercourse with the victim in which the victim gave no objection before the Court below and accordingly, bail was granted to the applicant on certain terms and conditions. He invited my attention to the order dated 04.11.2025 of the Trial Court releasing the applicant particularly on condition nos.3, 4 and 5, which reads as under : “ 3] The applicant shall not tamper with the prosecution evidence in any manner. 4] The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; 5] The applicant shall not commit similar crime while on bail.” And submits that the applicant has violated all the aforestated conditions by contacting the victim and by again committing sexual intercourse with the victim, therefore, the victim was constrained to register second FIR against the applicant. He submits that considering the seriousness of the offense and the fact that the applicant has violated the conditions of the earlier bail order, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. Prima facie it appears that there is love relationship between 4 29.ba. 1145.2026 the applicant and the victim, which got converted into sexual relations. However, the victim is 17 years of age whereas the applicant is 27 years of age. Earlier FIR was registered against the applicant alleging identical allegations of friendship with the victim, which got converted into love relationship, and thereafter, sexual intercourse at the lodge. However, the Court below while considering the bail application of the applicant in that crime, as the victim gave no objection to grant the bail, released the applicant on bail on certain terms and conditions. After which, again the applicant started contacting the victim and on 02.04.2026, committed sexual intercourse with her. 7. From the entire episode it appears that the applicant has not learnt lesson from the earlier offence that the victim is minor and he should restrain himself from contacting her as well as committing forceful sexual intercourse. Be that as it may, perusal of the FIR and considering the facts of the present case, it could be gathered that this is the second offence of the applicant against the same victim alleging identical allegations. It also appears that the applicant has grossly violated the terms and conditions, imposed by the Trial Court while releasing him on bail. And therefore, considering all these aspects, I am not inclined to grant bail to the applicant. 8. Hence the application is rejected. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 23/09/2026 16:21:46