1 39 BA 1201.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1201/2026 (Pavan Ashok Kambale 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. N. Tikar, Adv. with Mr. D.N.Mudgale, Adv. for applicant. Ms. P.C. Bawankule, APP for non-applicant/State. Ms. Anuprita Mishrikotkar, Adv. (appointed) for non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 28/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No. 346/2025 registered with Police Station Manora, Dist. Washim for the offences punishable under Sections 137(2), 64(2)(i)(m), 69 of the Bharatiya Nyaya Sanhita (“BNS”), Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act (“POCSO”). 3. The brief facts of the prosecution case are that on 25/05/2025, the entire family of the informant had dinner at around 08:30 p.m. and, at around 10:00 p.m., they went to sleep. The daughter, namely, Divya, was sleeping in the inner room of the house, while the informant, his wife, and son were sleeping in the front room. The door of the 2 39 BA 1201.26.odt daughter's room was locked. Thereafter, at around 01:30 a.m., the informant woke up to use the washroom when he noticed that the door of the room where his daughter was sleeping was open, he went inside and checked, but she was not there. The informant also noticed a mobile phone lying near the door of the room. Thereafter, he woke up his wife and son, informed his relatives, and searched for his daughter, but she could not be found. Subsequently, when he checked the mobile phone found in the girl's room, he noticed that there was one number in the dial log. Upon making inquiries regarding the said number, he came to know that it belonged to Pawan Sopinath Kambale. Accordingly, the informant and his relatives went to the house of Pawan Sopinath Kambale at around 03:00 a.m., but Pawan was not present at his house. When they asked his parents about his whereabouts, they stated that they did not know where he had gone. Even thereafter, the informant and his relatives searched for his daughter in the surrounding area and contacted their relatives, but she could not be found anywhere. On the basis of the said facts, the FIR came to be registered. 3 39 BA 1201.26.odt 4. The learned counsel for the applicant submits that the applicant and the victim were having a love affair. Initially, the First Information Report (“FIR”) was registered by the father of the victim, alleging that his daughter had been kidnapped by the present applicant. For nearly one year, the applicant and the victim resided together at Pune. However, they were subsequently traced and brought to Manora Police Station, where the statement of the victim was recorded, and thereafter, Sections 64(2) (i)(m) and 69 of the BNS, along with the provisions of the POCSO Act, were added. He submits that the applicant is 21 years of age and that the applicant and the victim were in a love relationship. Therefore, they fled from the village as the parents of the victim were opposing their relationship. The victim has also given her no objection before the Trial Court to release the applicant on bail. Under such circumstances, considering the nature of the allegations, the learned counsel submits that the applicant deserves to be granted bail. 5. On the other hand, the learned APP and the learned counsel for the non-applicant vehemently oppose the application and submit that the victim giving a no- objection before the Trial Court amounts to nothing but 4 39 BA 1201.26.odt tampering with material evidence. The victim has categorically stated that the applicant had sexual intercourse with her. The victim was fifteen years of age at the relevant time. Under such circumstances, they submit that her consent is immaterial. Therefore, they pray for rejection of the bail application. 6. Upon consideration of the submissions of both sides, it appears that an offence under Section 137(2) of the BNS was initially registered. It further appears that when the victim and the applicant were traced after nearly one year, the statement of the victim was recorded, and thereafter, Sections 64(2)(i)(m) and 69 of the BNS were added. Perusal of the entire material on record indicates that the applicant and the victim were having a love affair. The applicant was 21 years of age at the relevant time and had fled along with the victim who was aged 15 years at the relevant time. However, considering the nature of the allegations and the fact that the applicant and the victim resided together at Pune for nearly one year, I am inclined to grant bail. Hence, the following order: ORDER (i) Criminal application is allowed and disposed of. 5 39 BA 1201.26.odt (ii) The applicant/accused Pavan Ashok Kambale be released on bail in connection with Crime No. 346/2025 registered with Police Station Manora, Dist. Washim for the offences punishable under Sections 137(2), 64(2)(i)(m), 69 of the BNS, Sections 4, 8, 12 of the POCSO on his furnishing P.R. Bond of Rs. 50,000/- with two sureties in the like amount. (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. 8. Pending application (s), if any, stand disposed of accordingly. 9. 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. 6 39 BA 1201.26.odt 10. 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: 29/09/2026 17:13:19