40-ba-2756-26.doc IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2756 OF 2026 Yash Dattatray Divate .. Applicant Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Aniket Nikam i/b Mr. Sumit Patil, Advocates for Applicant.  Ms. Shilpa Talhar, APP for Respondent No.1 - State.  Mr. Yash Agarwal, Advocate for Respondent No.2.  Mr. R. B. Deore, PSI, Trambakeshwar Police Station, Nashik Rural present. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 21, 2026 P.C. : 1. Heard Mr. Nikam, learned Advocate for Applicant, Ms. Talhar, learned APP for Respondent No.1 - State and Mr. Agarwal, learned Advocate for Respondent No.2. 2. By this Bail Application, Applicant is seeking enlargement on bail in C.R.No.40 of 2026 registered with Trambakeshwar Police Station Nashik for the offences punishable under Sections 64(2)(D), 351(2) And 3(5) of The Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8, 12 and 17 of the Prevention of Children from Sexual Offences (POCSO) Act, 2012. 3. The Applicant in the present case is 20 years old and the prosecutrix is 17 years old. Both are represented by the learned Meera Jadhav 1 of 4 MEERA MAHESH JADHAV Digitally signed by MEERA MAHESH JADHAV Date: 2026.09.22 11:30:26 +0530 40-ba-2756-26.doc Advocates at the bar and I have heard their submissions. Equally I have heard the prosecution. The statement of the prosecutrix lodged in the FIR prima facie states that at least three years prior to the lodging of the FIR she had known the Applicant and had started going out with him since May 2024 onwards. She has also admitted two/three clear episodes of going out with him and staying with him in some lodge / hotel and post Diwali of 2024 onwards she has been regularly going out with him. 4. There is no element of force, violence or abuse involved, which is prima facie seen from the material presented on record. The investigation has been carried out to confirm and ascertain the aforesaid facts, which is duly supported by the statement and the material produced by the concerned lodge / hotel where the parties used to visit. All that material is placed on record. There is a consensual relationship of the parties which is clearly borne out from the record. 5. Learned Advocate for the prosecutirx would submit that affidavit dated 3rd August 2026 has been filed by the prosecutrix expressing her no objection to grant of present application. Prima facie on the basis of consensualness of both the parties and the material placed on record which is clearly evident, I am inclined to accept the submissions of the Applicant and allow the Application. Meera Jadhav 2 of 4 40-ba-2756-26.doc 6. The Applicant is granted bail on the following terms and conditions: (i) Applicant - Yash Dattatray Divate is directed to be immediately released from prison in connection with C.R. No. 40 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Trambakeshwar Police Station, Nashik once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence with any of the witnesses Meera Jadhav 3 of 4 40-ba-2756-26.doc or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 7. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. Bail Application is allowed and disposed of in the above terms. [ MILIND N. JADHAV, J. ] Meera Jadhav 4 of 4