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Bombay High Court
Mahesh Gulabrao Ingale vs State Of Maharashtra Thr Pso., Ps ... on 23 March, 2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO. 236/2026
(Mahesh Gulabrao Ingale Vs. The State of Maharashtra & anr.)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S.V. Sirpurkar, Advocate for applicant.
Mr. V.A. Thakare, APP for non-applicant/State.
Ms. Sakshi Pathak, Advocate (appointed) for victim/non-applicant
No.2.
CORAM: M. M. NERLIKAR, J.
DATED : 23/03/2026.
Heard.
2. By this application, the applicant is seeking bail in
connection with Crime No.494/2025 registered with Police
Station Jalgaon Jamod, Dist. Buldhana for the offence
punishable under Sections 137(2), 64(1), 65(1), 351(2),
64(2)(i), 87, 127(2) of the Bharatiya Nyaya Sanhita and
Sections 4, 8, 12 of the Protection of Children from Sexual
Offences Act.
3. The prosecution story in a nutshell is that, the
victim aged 15 years has lodged a report on 25/10/2025
alleging that on 29/08/2025 around 09:00 a.m., the victim
was going to her school at Pimpalgaon Kale and at that
time, the applicant who was familiar with her took her to
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the house of his grandmother. It is alleged that, the
applicant has established forcible physical relations with
her and threatened her not to disclose the incident to
anybody otherwise he would defame her. On the basis of
such allegations, the report was lodged.
4. The learned counsel for the applicant submits that
the applicant is of 21 years of age and the victim is 15
years and 8 months old. He submits that there is an
ongoing love affair between the couple and the parents
insisted on lodging the report. There was no sexual
intercourse between them as even the medical report
shows that the hymen is intact. The provisional opinion
was given by the Doctor that the penetration has not
occurred as there is no injury on body and perineum
hymen therefore he submits that considering all the
allegations, the applicant deserves to be granted bail.
5. On the other hand, the learned APP and the
learned counsel appearing for the victim have invited my
attention to the allegations in the first information report.
They submits that the consent of the minor victim is no
consent in the eye of law. According to them, there are
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incidents of sexual intercourse as stated in the first
information report lodged by the minor victim herself.
They submits that even in the medical history, she has
narrated that the last sexual intercourse was 58 days prior.
No doubt the applicant is 21 years of age, however,
considering that he is a major and a heinous offence is
committed against minor, he may not be released on bail.
6. I have considered the rival submissions, gone
through the first information report and the report of
investigation annexed to the charge sheet. It appears from
the record that the applicant is of 21 years of age. In the
first information report, it is alleged that the applicant took
the victim to his house as there was nobody in the house
and he has committed sexual intercourse with her. As a
result of the medical report wherein the victim has given
history, it appears that they were acquainted and talking
with each other on Instagram. They have also taken
photographs with each other. It is further stated that they
had sexual intercourse with each other. Further part of the
medical examination report shows that hymen is intact and
further the provisional medical opinion shows that no
penetration had occurred.
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7. Considering all the above factors and the fact that
the applicant is just 21 years of age, the entire career of the
application will be spoiled, if he is not granted bail. The
applicant is behind bars since 25/10/2025. The
investigation is complete and charge sheet is filed, by
imposing stringent conditions, the applicant can be
released on bail, hence the following order:-
ORDER
(i) Criminal application is allowed and disposed of.
(ii) The applicant/accused Mahesh Gulabrao Ingale be
released on regular bail in connection with Crime
No.494/2025 registered with Police Station Jalgaon Jamod,
Dist. Buldhana for the offence punishable under Sections
137(2), 64(1), 65(1), 351(2), 64(2)(i), 87, 127(2) of the
Bharatiya Nyaya Sanhita and Sections 4, 8, 12 of the
Protection of Children from Sexual Offences Act on his
furnishing P.R. Bond of Rs. 25,000/- with one 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.
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(iv) The accused shall provide his residential address and
cell number to the concerned Police Station and shall not
change his place of residence without prior intimation to
the concerned Investigating Officer.
(v) The applicant/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) The applicant/accused shall not enter the village,
where the victim resides.
(vii) The fees for the appointed learned counsel be
quantified and paid as per Rules.
( M. M. NERLIKAR, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 23/03/2026 18:18:26
