1 28-Cr.BA-1033-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1033 OF 2026 Mr. Gopal Sanjay Lavange -- VERSUS -- The State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. A.R. Prasad, Advocate for the Applicant. Ms. T.H. Udeshi, A.P.P. for the Non-applicant No.1/State. Ms. Pranjali Mankar, Advocate (appointed) for the Non- applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 28, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.143/2026 for the offences punishable under Sections 137(2), 64, 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 9, 10, 11 of the Prohibition of Child Marriage Act, 2006, registered with Police Station Dhamangaon Badhe, District Buldhana. 3. The brief facts of the prosecution case are that the informant, who is the mother of the Piyush Mahajan 2026:BHC-NAG:11299 2 28-Cr.BA-1033-2026 minor girl, lodged a report stating that on 22/04/2026, at about 11:00 a.m., her 16-year-old daughter, Lalita, went out of the home and did not return. While searching for her daughter, the informant allegedly saw the present applicant, Gopal Sanjay Lavange, taking Lalita on his motorcycle towards Motala Road. Despite searches conducted by the informant and her relatives, Lalita could not be traced. Therefore, the informant alleged that the respondent had taken her daughter away by luring her for an unknown reason. 4. The learned counsel for the applicant submits that the applicant is 22 years of age and the victim is 16 years and 3 months of age. It is submitted that the applicant and the victim were in love relationship, which was opposed by the parents of the victim. However, subsequently the victim was forced to marry with another person. After residing with accused No.2 for one month, she left the house of accused No.2 and returned to her parental home. Thereafter, the victim and the present applicant left the house of the victim’s parents. The learned counsel for the applicant submits that the brother of the applicant informed the applicant that an offence has been registered against him, and accordingly, the victim and the applicant surrendered before the Piyush Mahajan 3 28-Cr.BA-1033-2026 Police. Thereafter, the statement of the victim was recorded. Under such circumstances, he submits that, considering the fact that the applicant is 22 years of age and the victim is 16 years of age and they were having a love affair. It is further submitted that after leaving the house of parents, both applicant and victim, they resided for 3 days and during that period they had a sexual intercourse. Under such circumstances, he submits that, considering the nature of allegations, the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. and the learned counsel appearing for the victim vehemently oppose the application on the ground that the victim is a minor and is not of an age to properly understand the consequences of the act. They further submits that the offence is serious in nature and, since the victim is a minor, her consent is immaterial, and therefore, they prayed for rejection of the application. 6. I have considered the rival submissions. From the facts which are surfaced on record, it appears that the applicant and the victim were deeply in love with each other. It further appears that the love affair came to the knowledge of the parents of the victim, due to which the parents compelled the Piyush Mahajan 4 28-Cr.BA-1033-2026 victim to marry accused No.2. Despite the fact that she is a minor, however, after residing with accused No.2, the victim left his house and again returned to her parental home. Thereafter, she left the house of her parents and resided with the applicant for three days. During that period they had sexual intercourse. Thereafter, the F.I.R. was registered, and accordingly, the brother of the applicant informed the applicant about registration of the F.I.R., and accordingly, the victim and the applicant surrendered before the Police, and thereafter, the statement of the victim was recorded, wherein it is alleged that for three days when the victim was in the company of the applicant, they had sexual intercourse. Therefore, considering the nature of the allegations and the fact that the investigation is over and the charge-sheet is filed, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Mr. Gopal Sanjay Lavange) be released on regular bail in connection with Crime No.143/2026 for the offences punishable under Sections 137(2), 64, Piyush Mahajan 5 28-Cr.BA-1033-2026 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 9, 10, 11 of the Prohibition of Child Marriage Act, 2006, registered with Police Station Dhamangaon Badhe, District Buldhana, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; Piyush Mahajan 6 28-Cr.BA-1033-2026 (vi) Fees of the appointed counsel be quantified and paid as per rules; (viii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same. (ix) Pending Misc. Application(s), if any, also stand disposed of [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 29/08/2026 12:20:49