1 34 BA 1112.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1112/2026 (Ganesh Vithhal Rathod Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.V.Chirde, Advocate for applicant. Ms. S. N. Thakur, APP for non-applicant/State. Ms. Kajal Bhagwat, Advocate (appointed) for non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 24/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.345/2026 registered with Police Station Arni, Dist. Yavatmal for the offences punishable under Sections 64(2)(i), 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 3. The brief facts of the prosecution case are that the First Information Report came to be lodged by the informant aged 17 years stating that they all were attending a family wedding celebration on 22/04/2026. It is stated by the informant that she was in a relationship with accused Nitin Dhale for the past 4–5 months, whereas the other victim aged 13 years and 10 months who is her cousin sister was in a relationship with the present 2 34 BA 1112.26.odt applicant. During the wedding celebration, at about 2:00 p.m., accused Nitin Dhale called the informant and asked her to come outside for a few minutes. Accordingly, the informant and the other victim went outside the wedding hall. It is alleged that accused Nitin Dhale and the present applicant took them on their respective motorcycles on the pretext of taking photographs and thereafter took them to a forest near Lonbehal, where they allegedly subjected them to sexual assault. On the basis of the said allegations, the First Information Report came to be registered. 4. The learned counsel for the applicant submits that the applicant is of 21 years of age. The allegations in the first information report are that the informant’s cousin sister who is 14 years of age was having a love affair with the present applicant. It is alleged by the informant that on 22/04/2026 at about 02.00 pm, the informant sent a text message to the co-accused, accordingly the informant and her cousin sister came out of the marriage hall and both went with the present applicant and other co-accused. In- fact, in the first information report, it was stated by the informant that the cousin sister was having love affair with the present applicant. So far as the age of the cousin sister is concerned, though it was stated as 14, however 3 34 BA 1112.26.odt according to the applicant, she is 21 years of age. In the first information report, it is disclosed by the informant that she was subjected to forcible sexual intercourse by the other co-accused, however so far as the allegations against the present applicant is concerned, the present applicant committed forcible sexual intercourse upon her cousin sister. Considering the age and further the medical report which do not indicate fresh injury on the private part of the victim, the applicant deserves to be granted bail. 5. On the other hand, the learned APP and the learned counsel appearing for the victim vehemently oppose the application and submit that both the victims are minors. Though the informant has stated in the First Information Report that her cousin sister was in a relationship with the applicant, the said cousin sister is stated to be 14 years of age. They submit that, in view of her age, her consent is immaterial. It is submitted that the facts of the present case do not indicate any free consent, as the allegation is that the applicant had forcibly committed sexual intercourse with the victim. They have also invited the attention of the Court to the medico-legal certificate of the cousin sister, wherein it is noted that there is an old healed hymen at 5 and 7 o’clock positions. 4 34 BA 1112.26.odt It is, therefore, submitted that the allegations are serious in nature and relate to an offence against a minor. It is further submitted that the allegations are supported by the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein she has stated that the act was committed forcibly. Under such circumstances, both the learned APP and the learned counsel for the victim submit that the application deserves to be rejected. 6. I have considered the submissions of both sides. It appears from the First Information Report that the informant was attending the marriage ceremony along with her family members on the date of incident. It further appears that the cousin sister of the informant who is 14 years of age was allegedly in a relationship with the present applicant. It further appears that the informant who was having love affair with co-accused sent a text message to the co-accused, pursuant to which co-accused called the informant outside the marriage hall. The informant and her cousin sister accordingly went outside, where the present applicant and the co-accused were standing with their respective motorcycles. It is alleged that both the victims then travelled on the said motorcycles 5 34 BA 1112.26.odt with the applicant and the co-accused to a forest, where they allegedly committed forcible sexual intercourse with the victims. No doubt, the allegations are serious in nature. At the same time, it is to be noted that the medical examination of the victim discloses an old healed hymen at the 5 and 7 o’clock; however, no fresh injury was noticed. The incident is stated to have occurred on 22.04.2026, whereas the medical examination was conducted on 23.04.2026.Considering the age of the applicant and the fact that the investigation is complete and the charge-sheet has been filed, I am of the considered opinion that further incarceration of the applicant would serve no purpose. It further appears that the applicant is a student pursuing his studies. Considering the overall circumstances of the case, the applicant is entitled to be released on bail. Hence, the following order: ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Ganesh Vithhal Rathod be released on bail in connection with Crime No.345/2026 registered with Police Station Arni, Dist. Yavatmal for the offences punishable under Sections 64(2)(i), 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of POCSO Act, 2012 on his furnishing P.R. Bond of Rs. 50,000/- with two sureties in the like amount. 6 34 BA 1112.26.odt (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. Pending application, if any, stands disposed of accordingly. 8. The observation 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. 9. The fees of the appointed counsel be paid as per Rules. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 28/09/2026 13:16:31