-1- 941-BA-1237-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1237 OF 2026 SAMIR KHA SALIM KHA MUSALMAN VERSUS THE STATE OF MAHARASHTRA AND OTHERS ..... Advocate for Applicant : Mr. Akshay G. Mulange h/f. Mr. Jitendra Vijay Patil and Mr. Rashid I. Pinjari APP for Respondent - State : Mr. S. D. Ghayal Advocate for Respondent No.3 : Mr. Harshal Prakash Randhir ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 22nd SEPTEMBER 2026 PER COURT : 1. Heard the learned Advocate appearing for the applicant, the learned APP appearing for the respondent - State and the learned Advocate appearing for respondent No.3-victim. With the able assistance of the learned Advocates for the parties, I have also perused the entire charge-sheet that has been annexed to the present application. 2. At the outset, it is necessary to record that the learned Advocate for respondent No.3, on instructions, submits that respondent No.3 has no objection if the present applicant is released on bail. He submits that, though the affidavit of respondent No.3 is ready in his office, presently the copy is not available with him. He seeks time to furnish the said affidavit on 2026:BHC-AUG:43376 -2- 941-BA-1237-2026 record. Time granted. Affidavit to be furnished on record within one week from today. 3. The prosecution case, in brief, is that on 7th November, 2025, the victim suddenly disappeared from her residence on the pretext of visiting the house of a relative for picking up Burqa. The victim thereafter did not return to her residential house and therefore, the parents approached the police after conducting nearby searches and lodged a complaint of missing against unknown persons, who has kidnapped the present applicant. The investigation into the said complaint was carried out and the victim was found in Surat on 17th November, 2025. When the victim was brought to the residential house, her statement was recorded by the Investigating Officer, wherein the victim stated that she was acquainted with the present applicant on Instagram and that there were regular chats exchanged between them. 4. She makes a reference to an incident dated 27th October, 2025, wherein the victim was approached by the present applicant in a bus while proceeding to Yawal and her phone number was obtained by the present applicant, which was willingly given by the present victim. Thereafter, regular phone calls and messages were exchanged between both of them. -3- 941-BA-1237-2026 5. On the date of the incident, it is alleged by the victim that the applicant approached the victim and took her to some village, where there has been forcible physical relationship between both of them. Subsequently, it has been alleged by the victim that the applicant used to threaten her that, if the marriage was not performed between both of them, then he would harm her life. It is further alleged that on the same day, i.e. on 07th November, 2025, the applicant took the victim to Surat and they stayed there. The applicant used to go for work and return in the evening. It is alleged that on 16th November, 2025, when the applicant came to know that the parents of the victim had lodged a missing complaint alleging kidnapping by an unknown person, he left the victim at Surat bus stop, from where the victim established contact with her relative, who came and picked her up from Surat and brought her to the residential house. 6. Learned Advocate appearing for the applicant submits that the victim, on the date of the incident, was 16 years and 4 months old, and therefore, it cannot be said that she did not understand the consequences of going to a different State with the present applicant. He submits that the relationship was a love affair and that, out of the same, they had established a consensual -4- 941-BA-1237-2026 physical relationship. He submits that, though the victim was a minor on the date of the incident, he also submits that the applicant himself is not a well-matured person but was only of 20 years of age. He submits that, going by the prosecution story and the incident narrated by the victim, the victim used to be alone when the applicant was out for some work. In spite of that, the victim did not make any efforts to establish contact with her family members or contact the neighbouring persons where they were residing. This itself suggests that she was willingly residing with the applicant from the period 07th November, 2025 till 16th November, 2025. He thus submits that, taking into consideration that the applicant has been in jail from 04th December, 2025 and furthermore, that respondent No.3 has no objection for releasing the applicant on bail, the application be allowed. 7. Learned APP appearing for the State vehemently opposed the application by saying that the consent of respondent No.3 is immaterial for the reason that there cannot be a consensual physical relationship with minor. The offence is registered under the provisions of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and, admittedly, the victim was 16 years of age at the time of the offence. He submits that there is a specific statement of the victim recorded, wherein she states that the -5- 941-BA-1237-2026 physical relationship was established by the applicant forcibly. He thus prays that, offence is heinous and therefore the application be rejected. 8. I have taken into consideration the statement of the victim as well as the material that has been put-forth by the Investigating Agency. At this stage, though the statement made by respondent No.3 through her Advocate about granting no objection for release of the present applicant on bail is immaterial, the present application will have to be decided on the basis of the investigation papers and the prosecution case. Admittedly, the child's age is below 18 years and the applicant has not specifically denied the same. Her acquaintance with the applicant, her decision to meet him and her subsequent travel cannot amount to legal consent to a sexual act under the POCSO Act. Further, her statement expressly alleges force at the roadside place. The interval before her return from Surat and the defence submissions concerning medical corroboration raise matters for trial, neither permits this Court to disbelieve her at the stage of bail. The gravity of the accusation and the need to ensure that she can testify freely carry substantial weight. 9. At the same time, the investigation is complete, the -6- 941-BA-1237-2026 charge-sheet has been filed and the applicant has been in custody for more than nine months. The papers disclose no criminal antecedents. The apprehension of pressure on the girl child is serious, but the material placed before this Court does not establish an act of witness interference by the applicant after registration of the crime. 10. Having regard to his stated residence at Kingaon and the child's residence at Erandol, at this stage, the apprehension can be addressed by prohibiting his entry into Erandol, except when required by legal process, and by an express prohibition on contact with the child and her family. These circumstances, considered together, justify release on stringent conditions. This conclusion does not express any view on the truth of the allegations. Hence, following order is passed : ORDER (i) The Bail Application is allowed. (ii) The applicant shall be released on bail in Crime No. 179 of 2025 registered with Erandol Police Station, District Jalgaon, for the offences punishable under Sections 137(2), 64(1), 64(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3 and 4 of POCSO Act, on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two solvent surety in the like amount, subject to the following conditions : -7- 941-BA-1237-2026 a) The applicant shall not enter Erandol Taluka till framing of charge, except for the purpose of attending the Investigating Officer and the Court dates. Before his release, he shall furnish to the Investigating Officer and the Trial Court the address at which he will reside during the said period and his mobile number, and shall intimate any change thereof. b) The applicant shall attend the trial Court on every date fixed, unless their attendance is specifically exempted. c) The applicant shall not, directly or indirectly, contact, threaten, induce or influence the informant or any prosecution witness and shall not tamper with the prosecution evidence. d) The applicant shall furnish their current residential addresses and mobile numbers to the Investigating Officer and the trial Court within seven days of release, intimate any change forthwith, and attend the Investigating Officer upon prior written notice if further investigation is required. e) The applicant shall not leave India without prior permission of the trial Court and, if he possess passport, shall deposit the same with the trial Court within seven days of his release. f) The applicant shall not involve himself in any offence of a similar nature while on bail. -8- 941-BA-1237-2026 g) Breach of any of the above conditions shall entitle the prosecution to apply for cancellation of bail. h) All observations in this order are prima facie and confined to the decision of this bail application. The trial Court shall decide the case independently on the evidence led before it. (iii) The Bail Application is disposed of in the above terms. (iv) The affidavit by respondent No.3 shall be furnished on record within one week from today. List the matter for compliance after one week. (HITEN S. VENEGAVKAR) JUDGE Tandale