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Bombay High Court
Shubham S/O Vilas Aherkar vs State Of Maharashtra Thr Pso Akot, Dist ... on 30 January, 2026
2026:BHC-NAG:1527
1 22-Cr.BA-1192-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [B.A.] NO. 1192 OF 2025
Shubham S/o Vilas Aherkar
-- 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. Raghav G. Kavimandan, Advocate for the Applicant.
Ms. P.C. Bawankule, A.P.P. for the Non-applicant No.1/State.
Ms. Radha Mishra, Advocate (Appointed) for the Non-
applicant No.2.
CORAM : M.M. NERLIKAR, J.
DATE : JANUARY 30, 2026.
Heard.
2. The learned counsel for the applicant
seeks permission to correct the title clause. Leave as
sought is granted. Corrections be made forthwith.
3. The present application is filed seeking
regular bail in Crime No.320/2025 for the offence
punishable under Sections 64, 64(2)(m), 78 and 351
of the Bharatiya Nyaya Sanhita, 2023, (BNS),
registered with Police Station Akot (Rural), District
Akola.
4. The victim has lodged the First
Information Report alleging that she used to reside at
her uncle's house for pursuing education in the
2 22-Cr.BA-1192-2025
college. The applicant has been stalking her for past
1-1.5 years even though the victim repeatedly
showed her disinclination. On 07/03/2023, the
applicant gifted her a wrist watch which was
accepted by the victim only on the condition that he
would not follow her henceforth, at that time he
clicked her photographs in his phone. On
11/12/2023, the applicant, called the victim to meet
at a Net cafe on the threat that if she doesn't come he
would make her photograph viral. Pursuant to the
said threat, she was compelled to go to Net cafe
where applicant subjected her to forceful sexual
intercourse. However, he did not delete the
photographs and threatened her not to disclose the
incident. Again on 12/10/2024, the victim was asked
to come to bus stand at 08:00 a.m. on the next
morning. She was again compelled to go as he
threatened to make her photographs viral. The
applicant took her to one guest house where again he
had forceful sexual intercourse with her.
Subsequently, the victim got pregnant and when she
told about it to the applicant, he stated that they
would abort the child. On the pretext of abortion, the
applicant married the victim. However, the victim
was forced to deliver the child. Based on these
allegations, First Information Report came to be
registered.
3 22-Cr.BA-1192-2025
5. The learned counsel appearing for the
applicant submits that the victim was major at the
time of incident and the relationship is an outcome of
love affair. Due to the said love affair, consensual
sexual relations were established. There was no
blackmailing as is alleged in the First Information
Report. He further submits that the F.I.R. was
registered only on the basis of the directions issued
by the Magistrate under Section 175(3) of the
Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS).
He further submits that the victim and the applicant
has performed marriage. Even today also the
applicant is ready to cohabit with her, and therefore,
he submits that the applicant be released on bail.
6. On the other hand, the learned counsel
appearing for the victim as well as the learned A.P.P.
submit that the offence is serious. Initially, the
applicant has taken photographs with the victim, and
thereafter, started blackmailing her, as a result of
which, she was compelled to have sexual intercourse.
They further submit that considering the entire
complaint, it could be gathered that the victim has
not given free consent, the consent was obtained
fraudulently, i.e., by blackmailing. They further
submit that time to time she was raped by the
applicant and due to which she became pregnant and
ultimately delivered female child. Therefore, lastly it
4 22-Cr.BA-1192-2025
is submitted that considering the entire material
against the applicant, the bail deserves to be rejected.
7. The learned A.P.P. further submits that
the trial has already commenced and already two
witnesses are examined and hardly the trial will take
six months, and therefore, under such circumstances,
the applicant does not deserve to be enlarged on bail.
8. I have considered the rival submissions,
admittedly, the F.I.R. was registered on the basis of
the private complaint filed under section 175 (3) of
the BNSS. It appears that, initially, the applicant was
continuously following her, and thereafter, on the
victim's birthday, he has gifted one watch to her and
had taken photograph with her, thereafter, from the
F.I.R., it appears that, the applicant has started
blackmailing her and on that account he has
committed rape on multiple occasions due to which
she conceived and ultimately gave birth to a female
child.
9. Upon perusal of the complaint / F.I.R.,
admittedly, the victim is of more than 20 years. It
further appears that, though the first incident was of
December, 2023, however, the complaint was filed on
10/06/2025. It further appears that in the entire
investigation paper, there is no material to show that
the present applicant has blackmailed her. However,
5 22-Cr.BA-1192-2025
on the contrary, the counsel appearing for the
applicant submits that, even today also, the applicant
is ready to cohabit with her. However, the learned
counsel appearing for the victim submitted that,
victim is not willing to cohabit with applicant. As
could be gathered from the documents which are
placed before me by the applicant especially the
marriage certificate issued by Chandravilla Trust
(Government approved), wherein it could be
gathered that the applicant and the victim has
performed marriage. Under such circumstances, I am
inclined to grant bail.
10. The observations of this Court are prima
facie in nature. The Trial Court shall not be
influenced by the observations of this Court and the
observations are restricted to this bail application
only. Hence, the following order:-
ORDER
(i) The Criminal Application is
allowed;
(ii) The applicant/accused (Shubham
S/o Vilas Aherkar) be released on regular bail in
connection with Crime No.320/2025 registered
with Police Station Akot (Rural), District Akola,
for the offence punishable under Sections 64,
64(2)(m), 78 and 351 of the Bharatiya Nyaya
Sanhita, 2023, (BNS), on his furnishing a P.R.
6 22-Cr.BA-1192-2025
bond of Rs.25,000/- (Twenty Five Thousand
Rupees) with one solvent surety 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, as also shall not tamper with the
evidence;
(iv) The accused shall provide his
residential address and cell number to Police
Station concerned and shall not change his place
of residence without prior intimation to the
Investigating Agency;
(v) The accused shall attend each and
every date of trial regularly. If he fails to attend
the trial for two consecutive dates, or fails to
comply with the aforesaid conditions, his default
would entail the State to ask for cancellation of
bail;
(vi) Fees of the appointed counsel be
quantified and paid as per laws;
(vii) Pending Misc. Application(s), if
any, also stand disposed of.
[ M.M. NERLIKAR, J ]
Piyush Mahajan
