SEVAK S/O SHANKAR JADHAV AND ANR v. STATE OF MAHARASHTRA THR PSO. PS RISOD, TAH. RISOD DIST, WASHIM
ABA/713/2026 · 2026-08-27
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[ 2026 DAILYLAW 4913 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4913 (BOM) · dailylaw.ai ]
Judgment text
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1 21 ABA 713.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 713/2026 (Sevak S/o Shankar Jadhav & anr. 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. S. D. Jande, Advocate applicant. Ms. S.N. Thakur, APP for non-applicant/State. Mr. B.J. Parwe, Advocate with Mr. R.D. Narkhede, Advocate for non- applicant No.2.
CORAM: M. M. NERLIKAR,
J .
DATED : 27/08/2026. Heard.
2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 597/2026 registered with Police Station Risod, Dist. Washim for the offences punishable under Sections 78, 351(3), 3(5) of the Bharatiya Nyaya Sanhita read with Sections 12, 17 of the Protection of Children from Sexual Offences Act.
3.
Brief facts of the prosecution case are that the informant is residing with her family and is pursuing her education. Applicant No.1 is her cousin and he resides at some distance from the house of informant. About one month prior to the incident, applicant No.1 had brought mobile phone for informant and asked her to use the said phone for talking to applicant No.2, for maintaining love affair with him. When the informant refused to do so. 2 21 ABA 713.26 Applicant No.1 questioned her about the same. It is further alleged that applicant No.2 used to obstruct the informant’s way whenever she went to school or ventured outside. Despite her unwillingness and disinterest, he used to ask her why she is not speaking with him over the phone. He also used to follow her and deliberately speak to her. As the grandmother of informant had expired, she did not disclose about the conduct of the applicants to her family. On 15/06/2026 in the morning at about 9.00 a.m. informant was present in her house along with her family members. At that time, applicant No. 1 came in front of her house and he told the informant to talk to applicant No.2 by using said phone. When the parents of the informant asked applicant No.1 about his conduct, he threatened her parents that he will kidnap the informant, and he will kill also the parents of the informant. Based of this information, first information report was registered. 4. This Court by order dated 11/08/2026 granted interim protection to the applicants. The allegations against the applicants are that the applicants are stalking and pressurizing the victim to maintain love relationship with applicant No. 2. The learned counsel for the
3 21 ABA 713.26 applicants submits that the alleged prosecution story is that the informant has lodged report against the applicants alleging that she is residing with her family and is pursuing her education. Applicant no.1 is her cousin and he resides at some distance from her house. About one month prior to the incident, he had brought mobile phone for the informant and asked her to use the said phone for talking to applicant no.2 and for maintaining love affair with him. When the informant refused to do so, then applicant No.1 questioned her about the same.
It is further alleged that applicant No.2 used to obstruct her way whenever she went to school or ventured outside. In pursuance to the interim protection, the applicants have attended the police station and cooperated with the investigating agency. He has also given his mobile phone to the investigating officer. 5. On the other hand, the learned APP and the
learned counsel for the victim oppose the application and submit that in the first information report itself, it was alleged that, if the love relationship is not maintained by the victim with applicant No. 2, then she will face the dire consequences and the applicants would abduct the victim. The victim is minor and under such circumstances, the
4 21 ABA 713.26 applicant does not deserve to be granted bail.
6. I have considered the rival submissions. It appears that the applicant No. 2 is 19 years of age and the victim is of 16 years of age. It further appears that the allegations are of stalking and threatening. So far as the applicant No. 1 is concerned, he was insisting to maintain the love relationship with the applicant No. 2. It further appears that from the first information report, the applicants are pressurizing and threatening the victim, if she will not maintain the love relationship with the applicant No. 2, they will kidnap the victim. Considering the fact that the applicant No. 2 is 19 years of age and further, the applicants have cooperated in the investigation, not only that but also the mobile phone of the applicant No. 1 was seized by the police official, I am inclined to confirm the interim protection granted by this Court. Hence the following order:-
ORDER (I) Application is allowed and disposed of. (II) The order dated 11/08/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order in addition to the following conditions which are as under:-
5 21 ABA 713.26 (III) The applicants shall not enter into the vicinity, where the victim resides (IV) The applicants shall not contact by any mode physical or electronic to the victim.
7. Pending application, if any, stands disposed of accordingly.
8. The observations 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.
( M. M. NERLIKAR
, J.)
Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 28/08/2026 15:08:31