[Cites 2, Cited by 0]
Bombay High Court
Khushal S/O Nandu Kosamshile vs State Of Maharashtra Thr Pso., Ps ... on 27 March, 2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO. 278/2026
(Khushal S/o Nandu Kosamshile 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. A.V. Agnihotri, Advocate h/f Mr. A.C. Jaltare Advocate for
applicant.
Ms. P. C. Bawankule, App for non-applicant/State.
Ms. Preeti S. Gwalani, Advocate (appointed) for non-applicant No.2.
CORAM: M. M. NERLIKAR, J.
DATED : 27/03/2026.
Heard.
2. By this application, the applicant is seeking bail in
connection with Crime No.03/2025 registered with Police
Station for the offence punishable under Sections 63(vi),
64(1), 64(2)(m), 351(2) of the Bharatiya Nyaya Sanhita
read with Section 4 and 6 of the Protection of Children
from the Sexual Offences Act.
3. The brief facts of the prosecution story are that the
First Information Report ("FIR") was registered by victim/
non-applicant No.2 on 22/03/2025 stating that the
applicant and the victim got acquainted with each other at
the Kabaddi game held in Mouza Makepalli. They
exchanged their mobile numbers. Thereafter, they started
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having a love affair with each other. However, on one day
in the month of October 2023, the applicant called her at
night at Chankapur jungle, where without her consent, he
committed sexual intercourse and gave her word to not do
it again. Thereafter, in the year 2024 also, he committed
sexual intercourse without her consent from time to time.
After that the victim started avoiding him, however he
started threatening the victim that he would disclose
everything to her parents, therefore, the FIR was
registered.
4. The learned counsel for the applicant submits that
the victim is of understandable age as she is of more than
16 years. Even the applicant is just of 23 years of age. He
submits that the sexual relationship was developed by
consent as it was out of love affair which could be gathered
from the FIR. Considering this fact and the fact that the
applicant is behind bars since 23/03/2025, the applicant
be released on bail.
5. On the other hand, the learned APP and the
learned counsel appearing for the victim vehemently
oppose the application and submit that the victim is a
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minor, consent of the minor is no consent in the eyes of
law. They submit that by threatening the victim, the
applicant has committed sexual intercourse with her. They
further submit that the applicant is harassing the victim by
coming to her house and creating a ruckus at her house.
Though the victim is not willing to keep in contact with
him, however, he is continuously giving missed calls to on
her father's number which could be gathered from the
statement of the father and the neighbour, therefore they
submit that there is no merit in the application and the
same deserves to be rejected.
6. I have considered the rival submissions.
Admittedly, from the FIR, it appears that the victim is of 16
years, 4 months and 4 days. It further appears that for the
first time the sexual intercourse took place in October
2023. The victim at the relevant time was of 15 years.
Though it appears from the FIR that they were having a
love affair with each other, but the fact remains that the
victim was a minor at the relevant time and the applicant
has committed repeated sexual intercourse with her. It is
further to be noted that his conduct of harassing and
threatening her is also objectionable. It further appears
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that the FIR was lodged for the reason that the applicant
was harassing and threatening her in order to meet him
and further it could be seen that victim kept quiet since
October 2023. No grievance was made at point of time in
respect of sexual intercourse. However, as the applicant is
behind bars since 23/03/2025 and the fact that the
investigation is over and charge sheet is filed, the applicant
can be released on bail by imposing stringent conditions,
hence the following order:-
ORDER
(i) Criminal application is allowed and disposed of.
(ii) The applicant/accused Khushal S/o Nandu Kosamshile
be released on regular bail in connection with Crime
No.03/2025 registered with Police Station for the offence
punishable under Sections 63(vi), 64(1), 64(2)(m), 351(2)
of the Bharatiya Nyaya Sanhita read with Section 4 and 6 of
the Protection of Children from the 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 concerned Police Station and shall not
change his place of residence without prior intimation to
the concerned Investigating Officer.
(v) The applicant/accused shall not contact the victim in
any way either on phone or in person. Further, the
applicant shall not enter into the area in which the victim
and the witnesses are residing.
(vi) 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.
(vii) The fees of the appointed 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: 27/03/2026 17:29:24
