81.BA.2244.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2244 OF 2026 Akshay Dyaneshwar Badame .. Applicant Versus State of Maharashtra and Anr. .. Respondents ....................  Mr. Ranjit Gangadhar Jadhav, Advocate for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent No.1 – State.  Mr. Gaurav Pandey, Advocate for Respondent No.2. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026. P.C.: 1. Heard Mr. Jadhav, learned Advocate for Applicant; Ms. Newton, learned APP for Respondent No.1 – State and Mr. Pandey, learned Advocate for Respondent No.2. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.536 of 2025 registered with Yeola Taluka Police Station, District Nashik for offences punishable under Sections 137(2), 64, 65(1) and 143 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 4, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). The First Information Report is filed on 09.12.20225 and Applicant came to be arrested on 02.02.2026. 1 of 5 81.BA.2244.2026.doc 3. Applicant is 20 years old whereas the prosecutrix is 16 years old in the present case. Case according to the prosecution is that Applicant was arrested on 02.02.2026. Complaint is filed by the father of the prosecutrix. Investigation has been done. Statement under Section 183 of the Code of Criminal Procedure of the prosecutrix is appended at page Nos.88 and 89. In answer to Question No.7 therein the prosecutrix has herself admitted that she had befriended Applicant and both of them were in a love relationship with each other. 4. She has further confessed and admitted that because of her love relationship with Applicant, she had eloped with the Applicant two months ago and alongwith him, she has visited several places and ultimately started residing in Tamil Nadu together after hiring a room on rent. She has stated that the Police Authorities tracked them in Tamil Nadu after two months. She has also stated that both of them had married each other in a temple at Wani and she had started wearing the mangalsutra and sindoor and has also stated that she had on her own volition resided with Applicant as husband and wife. 5. Mr. Pandey, learned Advocate for Respondent No.2 informs the Court that in view of the instructions received by him from the First Informant and the family of the prosecutrix, they have no objection if bail is granted to Applicant since what is stated by the prosecutrix in her Section 183 statement is true. 2 of 5 81.BA.2244.2026.doc 6. That apart, it is also seen that the father of Applicant is a physically disabled person and Applicant who was working as a driver is the only sole earning breadwinner of the family. The disability certificate of the father of Applicant is also appended to the Bail Application. 7. In view of the overall circumstances and considerations of material which is placed before me, notwithstanding the fact that the prosecutrix was below 18 years of age, but of an age of understanding, I am inclined to accept the case of Applicant for grant of bail. 8. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Akshay Dyaneshwar Badame is directed to be immediately released from prison in connection with CR. No.536 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Yeola Taluka Police Station, once every month, on the 3 of 5 81.BA.2244.2026.doc first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 4 of 5 81.BA.2244.2026.doc 9. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 10. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.30 10:50:41 +0530