Order 220726ba842.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 842 OF 2026. Gajanan Kartar Mathavan -VERSUS- State of Maharashtra and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.S. Shaikh, Advocate for the Applicant. Shri N.R. Rode, A.P.P. for Non-applicant No.1/State. Shri R. Khan, Advocate for Non-applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : JULY 22, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.5/2025 registered with Digras Police Station, District Yavatmal for the offence punishable under Section 137[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS). Investigation was undertaken and charge sheet came to be filed and Sections 64[1], 64[2][m], 65[1], 340[2], and 96 of the BNS and Sections 4 and 6 of the Protection of Children from Rgd. 2026:BHC-NAG:9346 Order 220726ba842.26 2 Sexual Offences Act (POCSO), were added. 3. The first information report came to be lodged by one Tulshiram Padwal, alleging that his daughter is studying in 10th standard and on 02.01.2025 she left the home along with his cousin sister (victim) for school. Teacher from their school came to their house for purchasing eggs, and enquired about the victim, and informed the informant that the victim was not in her class from 3.30 p.m. When the daughter of informant returned from school, on enquiry, she told that the victim had informed her that she was going to washroom, however, the applicant was seen behind the school, and therefore, the informant apprehended that the applicant had abducted her. Hence, the first information report. 4. The learned Counsel for the applicant submits that at the relevant time the victim was of 15 years and 3 months, however, fact remains that she had insisted the applicant to leave the house, and run away with her. Accordingly they ran away and resided at various places like – Mahur, Kinkhed, Hyderabad etc., for a period of one year, and during that period the applicant had sexual relations with her. It is Rgd. Order 220726ba842.26 3 submitted that the matter arises out of a love affair, and as such he be released on bail. 5. On the other hand, the learned Counsel for the non-applicants vehemently oppose the application by submitting that the consent of minor is no consent in the eyes of law. They submit that though in the statement the victim has stated that she insisted to run away, however, since the applicant is major i.e. 24 years of age, he ought not to have went along with her. They further submit that knowing fully well that the victim is minor, the applicant had sexual relations with her. In such circumstances, the applicant does not deserve to be enlarged on bail. 6. I have considered the rival contentions of the parties and gone through the record. It is undisputed that the victim on 02.01.2025 called the applicant from mobile phone of one Gajanan, who is peon of the school, and from school itself she insisted to run away with the applicant, and threatened that if the applicant does not agree to run away with her, she will commit suicide. Therefore, no option was left with the applicant but, to run away with the victim. They Rgd. Order 220726ba842.26 4 took the motorcycle of Gajanan and at some distance they left the said motorcycle and went to Arni in an auto and from there to various places as stated above. They have resided together for about one year and thereafter they were traced and brought back, accordingly the offence was registered against the applicant. Considering the nature of allegations and the fact that now investigation is over, charge sheet is filed and no purpose would be served if the applicant is kept behind bars, hence, I am inclined to grant bail by passing the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Gajanan Kartar Mathavan be released on regular bail in connection with Crime No.5/2025 registered with Digras Police Station, District Yavatmal for the offence punishable under Section 137[2], 64[1], 64[2][m], 65[1], 340[2], and 96 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (POCSO), on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. Rgd. Order 220726ba842.26 5 (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) 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. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd.