MANOJ 5-BA-2473-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2473 OF 2026 Rohit Dilip Lokhande …Applicant V/s. The State of Maharashtra & Anr. …Respondents Ms. Krishma Joshi a/w Adv. Swapnil Kshirsagar & Adv. Sangram Jadhav i/by Adv. Vipul Dushing, for the Applicant. Mr. V. A. Kulkarni, APP for the Respondent No.1-State. Ms. Noorsaba Shaikh, for the Respondent No.2. PSI – Praveen Ranadive (Pairavi Officer) Andheri Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 31st AUGUST, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The applicant seeks his release on bail in connection with Cr. No.197 of 2024 registered with Andheri Police Station, for the offence punishable under Section 376(1)(3) of the Indian Penal Code, 1860 (“IPC”) and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (“POCSO”), on the report dated 05.04.2024 filed by Respondent No.2. 3. The prosecution case is that since three to four months prior to the incident, the victim girl, then aged 15 years, used to reside with her maternal grandmother. Respondent No.2, mother of the victim used to reside at different place, but, she used to regularly inquire about the victim. Meanwhile, the mother learnt that since 12.01.2024, the victim did not have the monthly cycle. Therefore, she took her to a local doctor for medical treatment. On o3.04.2024, pregnancy test revealed that the victim was pregnant. On inquiry, she disclosed that from the last five to six months the applicant, WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.09.01 20:09:32 +0530 MANOJ 5-BA-2473-2026.DOC who was her classmate and residing in their neighbourhood, used to call her to his room and commit forcibly sexual intercourse with her. Therefore, the aforesaid offence came to be registered and the applicant was arrested. On completion of investigation, police submitted the charge-sheet. The trial Court declined to release the applicant on bail. 4. Ms. Joshi, learned Counsel for the applicant submitted that no statement of the victim has been recorded by police or learned Magistrate to the effect that the applicant had committed forcible sexual intercourse with her nor there is any evidence to link the applicant with her pregnancy. Therefore, the applicant is innocent. Additionally, she has submitted that Respondent No.2 has given her no objection to release the applicant on bail. 5. In reply, Mr. Kulkarni, learned APP submitted that the victim is not a normal child as her IQ level was below the normal level. The applicant misused that mental condition of the victim and committed rape on her. To buttress that, he has pointed out a statement of the victim recorded by a psychologist. Therein, the victim has stated that, the applicant used to forcibly rape her. He therefore urged that bail be refused. 6. Ms. Shaikh, on instructions from Respondent No.2 submitted that the later has no objection to release the applicant on bail. Even, Respondent No.2, who was present during hearing of the application, requested to release the applicant on bail stating that the applicant and the victim knew each other and that they have expressed their wish to continue their relationship. Respondent No.2 further stated that upon the victim attaining majority, she has no objection to get her married with the applicant if the victim is ready to marry him. Page 2 of 4 MANOJ 5-BA-2473-2026.DOC 7. I have considered theses submissions. Insofar as the statement recorded by a psychologist Smt. Sakpal is concerned, therein, the victim has stated that the applicant repeatedly subjected her to forcible penetrative sexual assault. However, the similar details are not stated in the report filed by Respondent No.2. 8. Ms. Joshi, learned Counsel for the applicant submitted that the applicant and the victim both were studying in night school as they were slow learners. Till filing of the report, the victim never complained to her mother or maternal grandmother that applicant used to commit forcible sexual intercourse with her. Therefore, it cannot be denied that the applicant and the victim were attracted to each other and it led to their physical relationship. 9. However, the consent aspect in such matters is not significant. At the same time, it cannot be ignored that the applicant was 18 years of age and he is in jail for last 2 years and 4 months. He has no antecedents. The incarceration is affecting on his psychology. Therefore and having regard to the no objection given by Respondent No.2 and that she has no objection if the victim marries with the applicant, I am inclined to allow the application. Hence, following Order:- (i) Applicant – Rohit Dilip Lokhande shall be released on bail in connection with Cr.No.197 of 2024 registered with Andheri Police Station, on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Andheri Police Station, on the 1st day of each calendar month between 12:00 noon to 4:00 p.m., till the conclusion of the trial. Page 3 of 4 MANOJ 5-BA-2473-2026.DOC (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (vi) The applicant shall not enter into the area where the victim resides, till conclusion of the trial. (vii) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 10. Application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)