H.C. SHIV 906-BA-2515-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2515 OF 2025 Lakhan Balu Shendge …Applicant V/s. The State of Maharashtra & Anr. …Respondents Mr. Ganesh Gupta, through VC with Ritik Gupta, Sahil Ghorpade, Shivkumar Singh Bias for the Applicant. Ms. K. T. Hiwrale, APP for Respondent No.1-State. Mr. Gulab Yadav, Advocate appointed for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 24th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present application seeks release of the applicant on bail in connection with FIR bearing Cr. No.723 of 2024, registered with Powai police station, Mumbai for the offence punishable under Sections 64(1), 78, 351(3), 352 of the Bharatiya Nyaya Sandhita, 2023 (“BNS”) and Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (“POCSO”) on the report dated 26th August 2024, filed against the applicant by the First Informant (victim). 3. The prosecution case is that, the victim and the applicant have been residing in the same chawl. Therefore, they got acquainted with each other about 1 year prior to the lodging of the report. Intermittently they used to talk with each other. It is alleged that 6 months prior to the filing of the report, the applicant called the victim at his place making a gesture. Hence, the victim went there. The two then were chatting with each other. However, after HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.28 15:59:05 +0300 H.C. SHIV 906-BA-2515-2025.DOC some time, the applicant closed the door of his room and, committed forcible sexual intercourse with the victim against her will. Thereafter, the applicant threaten her that, if she disclosed about the rape to her family, he would kill her. It is alleged that about 4 days prior to the lodging of the FIR, the father of the victim had given her a mobile phone. At that time, the applicant had saved his number in her mobile phone. It is alleged that, on 25th August 2024, when the applicant called the victim on her mobile phone and asked her whether she would accompany him to go out for a wander, she refused. Therefore, he abused her. Further, the applicant was continuously calling on her mobile phone and insisting her to meet him. Therefore, the victim complained to her sister. In turn, the cousin of the victim went to the applicant’s place and confronted the applicant with the victim. This led to a dispute between the victim’s cousin and the father of the applicant. The victim then filed the Report, which led to registration of the present crime, arrest of the applicant and filing of charge-sheet. The trial Court declined to release the applicant on bail. 4. Mr.Gupta, learned Counsel for the applicant submitted that, on the same day, the father of the applicant had lodged N.C. complaint against the family of the victim on account of the said dispute. Therefore, the victim filed the present Report to take a revenge. There is 6 months delay in filing the said Report. This fact also indicate that the Report is false and out of vengeance. Therefore, the applicant is entitled to be released on bail. 5. Ms. Hiwrale, learned APP for Respondent No.1-State and Mr.Yadav, learned Advocate appointed for the victim have opposed the application. They have submitted that, in the report the victim H.C. SHIV 906-BA-2515-2025.DOC has categorically stated that she was raped by the applicant as above. The said narration is supported with the medical report. This has made out a prima facie case against the applicant. The parties are residing in the same vicinity. If the applicant is released on bail, he is likely to threaten the prosecution witnesses to prevent them from deposing against him. Therefore, the bail may be refused. 6. I have considered these submissions. The victim was allegedly raped about 6 months prior to filing of the Report, but, the threat to kill her by the applicant prevented her from disclosing the said incident to her family. However, it is important to note that since the victim was threatened by the applicant as above, it was highly improbable that she would go to him carrying her mobile phone. Yet, it is not explained in the Report as to why she provided her mobile number to the applicant and allowed him to save his mobile number in her mobile phone. When and where the exchange of the mobile numbers occurred, is also not stated in the Report. No mobile phones CDRs are produced to substantiate the allegation that the applicant was continuously calling the victim on her mobile phone and insisting her to meet him. The N.C. complaint was filed by the father of the applicant at 15:30 hours and the Report was filed by the victim is at 16:00 hours, on the same day. In view of the aforesaid facts and circumstances, the delay in the Report and the conduct of the parties, it appears that, the alleged physical relationship was consensual in nature. Thereafter, the victim and the applicant were in contact with each other on mobile phone. However, when said fact revealed to their families, it led to the dispute and filing of complaint against each-other. No doubt, consent on the part of the minor victim is immaterial, however, it cannot be ignored that there was no force on the part of H.C. SHIV 906-BA-2515-2025.DOC the applicant. Needless to state that the applicant is in jail for last two years. He is young. The trial has not advanced. Therefor, the detention of the applicant must be cauing him great hardship, which, in the facts of the case, appears punitive. 7. As a result, the applicant is entitled for bail. Hence, Order :- (i) The applicant – Lakhan Balu Shendge be released on bail in aforesaid FIR registered with Powai police station, Mumbai on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Powai police station, Mumbai on 1st day of a month every three month, between 11:00 a.m. to 2:00 p.m., till conclusion of the trial. (iii) The applicant shall not enter Mumbai till the conclusion of the trial, except to mark his attendance at Powai police station, Mumbai and to attend the trial in the aforesaid crime. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) The applicant shall not indulge in identical activities for which he has been arraigned in this case. Page 4 of 5 H.C. SHIV 906-BA-2515-2025.DOC (vii) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the out come of the trial and also not be taken as an expression of opinion on the merits of the case. 8. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)