1 23-Cr.ABA-769-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 769 OF 2026 Shri Akash S/o. Gajanan Khandare -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. B.H. Tekam, Advocate for the Applicant. Mr. H.D. Marathe, A.P.P. for the Non-applicant No.1/State. Ms. Sakshi Pathak, Advocate (appointed) for the Non-applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 24, 2026. Heard. 2. Apprehending his arrest in connection with Crime No.95/2026 registered with Mahagaon Police Station, Yavatmal, for the offences punishable under Sections 74, 78, 351[1], 351[2], 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012, the applicant has filed this application seeking anticipatory bail. 3. The first information report was lodged by the victim stating that the accused Akash always tried to talk with her. On Piyush Mahajan 2026:BHC-NAG:12682 2 23-Cr.ABA-769-2026 17/02/2026, when she went to the grocery shop, where the applicant was standing, he caught hold of her hand and asked why she was not talking with him. The victim told him that if he stalked her, she would inform about the same to his uncle. Thereafter, the parents of the victim went to his house to give him an understanding where they were threatened and abused by his cousin brother. On the basis of this, the first information report came to be lodged. 4. The learned counsel for the applicant submits that this Court, by order dated 27/08/2026, has granted interim protection to the present applicant. He submits that the allegations against the applicant are that he has caught hold of the hand of the victim and thereafter, when her parents went to the house of the applicant, his cousin brother gave threats to them and also abused them. Apart from that, there are no other allegations against the applicant. The present F.I.R. is the outcome of the F.I.R. lodged by Haribhau Khandare, who is the cousin brother of the present applicant. He submits that under such circumstances, the falsity and the implication of the applicant cannot be ruled out, and therefore, he prays to confirm the bail granted by this Court. 5. On the other hand, the learned A.P.P. and the learned counsel appearing for the victim vehemently oppose the application and submit that there are serious allegations in the Piyush Mahajan 3 23-Cr.ABA-769-2026 F.I.R. It is further submitted that on 17/02/2026 at about 03:00 p.m., when the victim went to the shop of Dipak Pawar, at that time, Haribhau Khandare and the present applicant were present. At that time, the present applicant had caught hold of the hand of the victim–informant and had stated that the applicant likes her. Based on these allegations, the F.I.R. was registered. They further submit that there are eye-witnesses to the incident. After registration of the F.I.R., the present applicant and one other family member came to the house of the informant and threatened them to take back the report. Under such circumstances, they submit that the applicant does not deserve to be granted anticipatory bail. 6. Upon consideration of the submissions of both the sides, apparently, Haribhau Khandare has lodged the F.I.R. against the family members of the informant. That report was lodged on the very same day. It appears that both the reports are lodged back to back. It further appears that the said report, which was lodged by Haribhau Khandare, is under the Atrocities Act and under the provisions of BNS. Upon perusal of both the First Information Report, it appears that though there are allegations, however, for these allegations, no custodial interrogation would be necessary. It is further to be noted that one another application was filed with the Police Inspector, Police Station, Mahagaon, alleging that the applicant and one other person had threatened the family members of the Piyush Mahajan 4 23-Cr.ABA-769-2026 informant for taking back the report. Except for the said complaint, there is nothing on record to substantiate or corroborate the said threat. Under such circumstances, I am inclined to confirm the order dated 27/08/2026 passed by this Court. Hence, the following order:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) The order dated 27/08/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order; (iii) Pending Misc. Application(s), if any, also stand disposed of; (iv) Fees of the appointed counsel be quantified and paid as per rules; (v) The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 24/09/2026 17:08:10