BA.896.2026.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. 896 OF 2026 Pradeep Sheshrao Salve .. Applicant Versus The State of Maharashtra .. Respondents ....................  Mr. Ashok Kumar Dubey i/b. SAVJ Law Solutions, Advocates for Applicant.  Ms. S.G. Talhar, for Respondent No.1 – State.  Ms. Jyoti Barai, Advocate for Respondent No.2.  Ms. Pooja Patil, PSI Kalepadel Police Station, Pune City. ......…........... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 20, 2026 P.C.: 1. Heard Mr. Dubey, learned Advocate for Applicant; Ms. Talhar, learned Advocate for Respondent No. 1- State; Ms. Barai, learned Advocate for Respondent No.2. 2. Present Bail Application is filed by Applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking enlargement on bail in connection with CR No. 271 of 2025 for offences punishable under Sections 64(2)(f), 74, 351(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 4(2), 5(m), 5(n), 8 and 12 of Prevention of Children from Sexual Offenses Act, 2012. Age of prosecutrix is 11 years old and complainant is her mother. 3. Date of offence alleged is a singular incident on 22.06.2025. First informant has filed First Information Report (for short “FIR”) 1 of 6 BA.896.2026.doc on 13.07.2025. It is stated therein that on 12.07.2025, prosecutrix informed her mother that Applicant visited their house on 22.06.2025 at 11:00 a.m. when no one was present, outraged her modesty, assaulted her and left after threatening her. 4. Criminal law is set into motion on the basis of the aforesaid complaint. According to First Informant, prosecutrix was admitted to a hostel for studies on 23.06.2025 by the First Informant herself. The prosecutrix thereafter returned home on 12.07.2025 to visit her mother and at that time she narrated the alleged assault on her by Applicant on 22.06.2025. It is intriguing that when the First Informant accompanied the prosecutrix immediately after the alleged date of assault, she did not inform anything to her mother. If the assault had indeed taken place on 22.06.2025, when the First Informant was with her mother, until she was admitted to the hostel the prosecutrix could have informed and complained about the assault. That was not done. 5. Mr. Dubey, learned Advocate for Applicant has drawn my attention to the investigation carried out by the Investigating Officer. It is seen that after filing the FIR dated 13.07.2025, the First Informant has recorded Supplementary Statement after 13 days on 26.07.2025. This Supplementary Statement is appended at page No. 84. In this Supplementary Statement the first informant herself has stated that Applicant is her relative through some 2 of 6 BA.896.2026.doc relations is a step brother and she herself has been in a love relationship with him for the past 2 years and thereafter reiterated the statements made in the FIR once again. Her Supplementary Statement categorically shows that Applicant was known to the entire family and the prosecutrix used to call him uncle (kaka). This Supplementary Statement is given by First Informant because of the investigation done by the Investigating Officer since the First Informant could no longer suppress her relationship and escapades with the Applicant. 6. The Investigating Officer’s investigation has led to recording of the statement of hotel manager of Ruturaj Lodging and Boarding, copy of which is appended at page No.86. What is interesting is that on the alleged date of the incident i.e. 22.06.2025 when First Informant and prosecutrix claim that Applicant committed the assault, on that very day from 7:45 a.m. in the morning upto 4:20 p.m. in the evening, the Applicant and First Informant spent their entire time together in the said hotel room which they had booked by claiming to be husband and wife. Investigation has revealed that according to eyewitnesses at the hotel, both Applicant and First Informant checked into the hotel room after signing the register and giving their Aadhaar cards as proof. The hotel manager questioned First Informant about the name difference on the Aadhaar card, because it was not as per 3 of 6 BA.896.2026.doc Applicant’s name, since she claimed to be the wife of Applicant. She however informed the hotel manager that her Aadhaar card was in her maiden name prior to her marriage. Details of both the Aadaar cards were entered into the hotel booking register. Documentary evidence was collected by the Investigating Officer, witness statements were recorded about Applicant and First Informant having spent the entire day together on 22.06.2025 inside hotel room No.107 from 7:45 a.m. to 4:20 p.m. and the same is placed on record before me. I have seen the same. 7. In view of the above, allegations contained in the FIR that on 22.06.2025 Applicant visited the house of First Informant in her absence and committed the alleged offense on the prosecutrix is prima facie unbelievable and raises a grave doubt and suspicion for filing the FIR by the First Informant. The medical report of prosecutrix which is appended and when read is prima facie inconclusive and does not report of any assault whatsoever on the prosecutrix. 8. In view of the aforesaid strong circumstances presented by the investigation, Applicant has made out a strong case for grant of bail especially when the First Informant prima facie appears to have filed a false complaint and post investigation she has tried to cover up the same by admitting to her love relationship with the Applicant. 4 of 6 BA.896.2026.doc 9. In view of the aforesaid prima facie observation and findings Application is granted on the following grounds:- (i) Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (ii) Applicant is permitted to furnish provisional cash bail of Rs.25,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs.25,000/- within a period of four weeks after his release which shall be accepted by the Trial Court. Applicant shall provide sureties as directed; (iii) Applicant shall report to the Investigating Officer of the concerned Police Station once every month on the third Sunday between 10:00 a.m. to 12:00 p.m. for the first one year and thereafter as and when called; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for cancellation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 5 of 6 BA.896.2026.doc (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 address and mobile contact number and / or change of residence or mobile details, if any, from time to time; (viii) Applicant shall not attempt to contact the prosecutrix either physically or by any electronic devices / means until the trial is completed and the verdict is delivered by the Trial Court; and (ix) Any infraction of the above conditions shall entail the prosecution to seek cancellation of this order. 10. 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 and the trial shall be adjudicated on its own merits in accordance with law. 11. Bail Application is allowed and disposed. [ MILIND N. JADHAV, J. ] 6 of 6 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.21 15:27:48 +0530