1 33-Cr.BA-1022-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1022 OF 2026 Bapurao Ramesh More -- VERSUS -- 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.V. Karnavat, Advocate for the Applicant. Mr. U.R. Phasate, A.P.P. for the Non-applicant No.1/State. Ms. Sunita Kulkarni, Advocate (appointed) for the Non- applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 01, 2026. Heard. 2. Intimation was given to the mother of the victim, but none appeared for the victim. 3. In the interest of justice, Ms. Sunita Kulkarni, Advocate, is appointed to represent the victim. 4. The present application is filed seeking regular bail in Crime No.47/2025 for the offences punishable under Sections 137(2), 64 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the Protection of Children from Sexual Piyush Mahajan 2026:BHC-NAG:11503 2 33-Cr.BA-1022-2026 Offences, Act, registered with Police Station Aasegaon, District Washim. 5. As per the First Information Report, the informant stated that on 27/02/2025 at about 6:00 a.m., she noticed that her 16-year-old daughter, namely Vaishnavi Rajesh Jadhav, was missing from their house. Despite making inquiries with relatives, neighbours and villagers and searching for her, she could not be traced. The informant accordingly approached the police and reported the missing of her daughter. 6. The learned counsel for the applicant submits that, initially, there were no allegations of sexual intercourse with the victim when her statement was recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. At a later point of time, her statement under Section 183 of BNSS was recorded, and in the said statement, she has made allegations that the applicant had, without her consent committed sexual intercourse with her. He submits that the applicant and the victim were having a love affair with each other. The applicant was not ready to keep the victim along with him since the applicant is married and she is a minor. The statement recorded under Section 180 of BNSS itself discloses that the victim went to the house of Piyush Mahajan 3 33-Cr.BA-1022-2026 applicant from Atpadi to Pune. At Pune, she insisted to reside along with the applicant. The applicant was not ready to allow the victim to reside with him, however, she had threatened that she would commit suicide, and therefore, out of compulsion, the applicant kept the victim with him. Even the victim had informed this fact to her mother that she was residing along with the applicant. Under such circumstances, he submits that the statement given by her under Section 183 of BNSS was due to the pressure from the parents and, due to these compelling circumstances, he submits that the applicant deserves to be granted bail since the applicant is in jail since 19/04/2025. 7. On the other hand, the learned A.P.P. and the learned counsel for the victim vehemently oppose the application and submit that the victim is a minor belonging to the family of sugarcane cutters. They are working as labourers. At the relevant time, the applicant was driving the tractor, and at that place, they both came into contact. They further submit that the statement under Section 183 of BNSS. clearly shows the role played by the applicant that he has committed forceful sexual intercourse with the victim. They further submit that the victim being a minor, her consent is immaterial, and Piyush Mahajan 4 33-Cr.BA-1022-2026 therefore, considering this fact, the applicant does not deserve to be granted bail 8. I have considered the rival submissions. I have considered the entire material on record. I have gone through the statements of the victim recorded under Section 180 of BNSS as well as Section 183 of BNSS. After going through both the statements, it appears that the victim, in unequivocal terms, has specifically stated that she and the applicant were having a love affair. She has further stated that she had insisted to reside along with the applicant, however, the applicant had declined since he is a married person and the victim is a minor. She further states in her statement that on 27/03/2025, she went to Pune, where the applicant was residing, and accordingly, she threatened the applicant that if the applicant did not keep her along with him, she would commit suicide. It appears that under compulsion, the applicant had kept the victim with him, however, when her statement under Section 183 of BNSS was recorded, it appears that she has narrated the story that the applicant had committed forceful sexual intercourse with her. Considering the nature of the allegations, and the fact that the applicant is behind bars since 19/04/2025, I am Piyush Mahajan 5 33-Cr.BA-1022-2026 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 (Bapurao Ramesh More) be released on regular bail in connection with Crime No.47/2025 for the offences punishable under Sections 137(2), 64 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the Protection of Children from Sexual Offences, Act, registered with Police Station Aasegaon, District Washim, 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 enter within the territorial jurisdiction where the informant is residing, till the completion of the trial; (iv) 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; Piyush Mahajan 6 33-Cr.BA-1022-2026 (v) 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; (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vii) 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: 01/09/2026 19:26:39