MANOJ 9(A)-BA-886-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.886 OF 2026 Rufas David Tupdal …Applicant V/s. The State of Maharashtra & Anr. …Respondents Ms. Vidhi Dugad i/by Khemka & Associates for the applicant. Ms. A. A. Deshmukh, APP for the Respondent No.1-State. Ms. Komal Sinha (appointed as Amicus Curiae), for the Respondent No.2. PSI – Sanjay Ghag, Malwani 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. Record indicates that Mr. Marbart D’souza, has filed a Vakalatnama and he is appearing for Respondent No.2. Despite a message, Mr. Marbart D’souza, did not appear. The applicant is in jail for last more than three years. Therefore, Advocate Ms. Komal Sinha, is appointed as amicus curiae to represent and espouse the cause of the victim. 3. The applicant seeks his release on bail in connection with an FIR bearing Cr.No.815 of 2023 registered with Malwani Police Station, for the offence punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (for short “IPC”) and Section 67A of the Information Technology Act, 2000 (for short “IT Act”), on the report dated 4th July, 2023 filed by the Respondent No.2. 4. The prosecution case is that, at the relevant time, the victim used to attend one Apex Coaching Class where the applicant was WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.09.02 18:19:42 +0530 MANOJ 9(A)-BA-886-2026.DOC serving as a teacher. One day in January 2023, when the victim was alone in the class room, the applicant said her that he likes her. However, the victim replied that she does like him. It is alleged that on 11th June 2023, at about 10.30 a.m. the applicant called the victim at his residence on the pretext of coaching. Therefore, the victim went to his place. The applicant then closed the door of his house from outside and entered in his house from a window. Further, the applicant committed forcible sexual intercourse with the victim and also recorded a video thereof. Meanwhile, the victim tried to escape but she could not, as the house was locked from outside. Later the applicant disseminated that video on a WhatsApp group of the said coaching class of which he was an Admin. Therefore, the aforesaid crime came to be registered. On completion of the investigation, police submitted the charge-sheet. The trial Court declined to release the applicant on bail. 5. Earlier, the the applicant had filed BA/3567 of 2023, which was rejected on merit vide Order dated 14th December 2024. However, an option was kept open for the applicant to apply for bail at the later stage depending upon the progress of the trial. Thereafter, the applicant filed BA/5271 of 2024, which was disposed of vide Order dated 20th June, 2025. Said Order reads :- “1. Considering the earlier order dated 14 December 2023 passed by this Court, there is no change in circumstances except delay in completion of the trial, the application can be disposed of by directing the Trial Court to expedite the trial. 2. The Trial Court is directed to expedite the trial and shall make an endeavor to complete the trial within six months from today. MANOJ 9(A)-BA-886-2026.DOC 3. In case, the trial is not completed within six months, it shall be open for the applicant to revive his request for bail after six months. 4. The Bail Application stands disposed of.” 6. Ms. Dugad, learned Counsel submitted that the prosecution has cited 15 witnesses. Till date, six prosecution witnesses have been examined which also includes the material witnesses. Thus, the trial has sufficiently progressed, however, it is not likely to be concluded in the forseeable future. The applicant is in jail for more than three years. She, therefore, urged to grant bail. 7. Ms. Deshmukh, the learned APP and Ms. Sinha, the learned Amicus, on the other hand, have submitted that considering the facts of the case and that the case is part heard, bail be refused. 8. I have considered these submissions. Admittedly, the case is part heard as six prosecution witnesses have been examined so far. However, the prosecution is going to examine total 15 witnesses. Therefore, the trial will certainly take some time to conclude. Although on the earlier occasions this Court was not inclined to grant bail, an option was kept open for the applicant to apply for bail at the later stage depending upon the progress of the trial or to revive his request for bail after six months if the trial is not completed within six months as above. The applicant is not blamable for the delay in advancement of the trial. The victim has filed her Affidavit thereby giving her no objection to release the applicant on bail. 9. In the wake of above, the applicant may be released on bail. Hence, following Order:- MANOJ 9(A)-BA-886-2026.DOC (i) Applicant – Rufas David Tupdal shall be released on bail in connection with an FIR bearing Cr.No.815 of 2023 registered with Malwani 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 Malwani 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. (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) The applicant shall not directly or indirectly contact the victim and shall not enter in the Malad area till conclusion of the trial. (vi) 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. (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 out come of the trial and also not be taken as an expression of opinion on the merits of the case. MANOJ 9(A)-BA-886-2026.DOC 10. At this stage, as requested by Ms. Dugad, the applicant is granted four weeks time to furnish the surety. Till then, the applicant be released on bail on his executing a P.R. Bond in the sum of Rs.50,000/- and deposing a sum of Rs.50,000/- in lieu of furnishing the surety. On furnishing such surety/ies, the amount of Rs.50,000/- deposited by the applicant shall be returned. 11. Bail application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)