1 24 BA 1016.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1016/2026 (Mukesh S/o Paramsingh Rabade Vs. The 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. A. J. Thakkar, Advocate for applicant. Mr. H. R. Dhumale, APP for non-applicant/State. Ms. Anushree A. Pande, Advocate (appointed) for non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 25/08/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No. 792/2025 registered with Police Station Malkapur (City), Dist. Buldhana for the offences punishable under Sections 64(2)(f), 64(2)(m), 115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 67 of the Information and Technology Act, 2000. 3. The brief facts of the prosecution case are that, on 05/12/2025, the victim lodged oral report stating that she is 16 years and 4 months old. From 5th standard to 8th standard, she studied at Mahatma Phule School, during 2 24 BA 1016.26 that time, the present applicant taught Mathematics to her. When she was appearing for her examination of Geography subject, the present applicant met her at Kothari High School, Nandura and told her that he likes her and asked her to make phone calls to him. The informant, however, did not make any phone calls to the present applicant. On 18/08/2025, the informant took admission for the polytechnic Course and started to reside at the hostel. The present applicant made a phone call to the informant and again told her that he likes her and asked her to make phone calls to him. Further, the applicant threatened her, if she discloses anything to anybody, he will make her photographs viral and beat up her father. Therefore, the informant did not disclose about this incident to anybody. On 28/10/2025 at about 12.30 p.m. the applicant made a phone call to the informant and asked her to meet him at Tehsil Chowk. The applicant took the informant to a room near Panchmukhi, Buldhana Road. The applicant then made a video call to the friend of the victim - accused No.2 and asked her to do screen recording. Accordingly, the informant's friend did screen recording. The applicant then assaulted the informant and committed forcible 3 24 BA 1016.26 sexual intercourse and when she shouted and refused to indulge in the act, he inserted a handkerchief in her mouth. Thereafter, on 29/10/2025 at 8 p.m., he dropped the informant at the Tehsil Chowk and threatened her not to disclose about the incident to anyone. On 19/11/2025 the informant returned back to her native place. Thereafter, the applicant continuously made phone calls to her but she did not pick up his calls. Nearly after 8 days, the screen recording from the mobile phone of accused No.2 went viral. Based on this information, the first information report was registered. 4. The learned counsel for the applicant submits that though the victim is a minor, however the sexual intercourse appears to be consensual. The victim herself is repeatedly contacting the applicant. When the victim went to the college, she called the applicant and accordingly asked the applicant to take her to his room. The recording which was alleged to be recorded was not by the applicant. However, it was by accused No.2 who is the friend of the victim and she has made the said video recording viral. Accordingly, he submits that considering the nature of allegations, the applicant be released on bail. 4 24 BA 1016.26 5. On the other hand, the learned APP and the learned counsel appearing for the victim vehemently oppose the application and submits that the victim is a minor. They further submits that from 10th standard the applicant was having ill eye on the victim. Under the pretext of giving her practical marks and notes, the applicant has taken her to his room and accordingly he committed forcible sexual intercourse with the victim. This is not single incident, but at multiple occasions the applicant has committed forcible sexual intercourse with her. The applicant has asked the friend of the victim i.e. accused No.2 to do screen recording and accordingly she recorded the obscene act between the victim and the applicant. The medical report also corroborates with the fact of sexual intercourse. Under such circumstances, they submit that since the applicant is a married man of 40 years of age and having children, the applicant ought not to have indulged in such a heinous offence, therefore, they prayed to reject the bail application. 6. I have considered the rival submissions. It appears that the applicant is a teacher who was teaching the victim mathematics in the School. When the victim gave her last 5 24 BA 1016.26 paper of geography in 10th standard, at that time, the applicant proposed to her. However, she has not paid any heed to that proposal. Thereafter, the applicant started contacting her, though, she ignored him. It is further alleged that on 18/08/2025, the victim took admission at the Polytechnic college. After taking the admission, the applicant started contacting her on her mobile. Accordingly, one day, he visited the place where the victim was residing and induced her by stating that he will help her to get more marks in the practical examination and accordingly, she was asked to accompany him at his home. Thereafter, the victim was taken to the room of the applicant, wherein he committed forcible sexual intercourse with the victim. It is further stated that the recording of objectionable act between the applicant and the victim was recorded by the informant’s friend at the behest of the applicant. The said video went viral and accordingly, the victim has disclosed everything to her parents. Thereafter, the first information report was registered. 7. It appears that the victim is a minor. It is a settled position of law that the consent of the minor is immaterial. 6 24 BA 1016.26 It is to be noted that the applicant was the teacher at her school. Since her 10th Standard, the applicant was having an ill eye on the victim. The applicant is 40 years of age and a married person having two children. Considering all these factors, I am of the considered opinion that the applicant committed a heinous and serious offence, thereby misusing his position. Considering the chronology of the present case, there would be a threat especially to the students who are girls. Under such circumstances, I am not inclined to grant him bail. Hence, the application is rejected. 8. Pending applications, if any, stand disposed of accordingly. 9. Fees of the appointed counsel be quantified as paid as per Rules. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 28/08/2026 10:45:14