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Bombay High CourtBA/3971/2025disposed off

Shubham Mahendra Kamble v. State Of Maharashtra And ANR

2026-02-23Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3971 OF 2025 Shubham Mahendra Kamble ... Applicant

Versus

State Of Maharashtra And Anr ... Respondents ____________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.02.25 15:20:10 +0530 NILAM SANTOSH KAMBLE Mr.Aniket Vagal a/w Ms.Juhi Kadu, Ms.Savvy Kolhekar, Mr.Anand V. Aru and Ms.Muskan Nadaj, for the Applicant.

Mr.P.P. Jadhav, APP for Respondent-State.

Ms.Anita Gavkar, for Respondent No.2.

Ms.Ashwini Shivaji Wanve (WPSP), Koregaon Park Police Station. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 23rd FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.19 of 2025 registered with Koregaon Park Police Station, Pune, for the offences punishable under Sections 64(2)(m), 308(2), 351(2), 2 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short). 2.

It is prosecution's case that during period from 19th May 2024 to 26th October 2024 Applicant, sexually assaulted the First Informant by threatening her.

3.

It is contention of learned counsel for the Applicant that relationship between the Applicant and First Informant was consensual. The First Informant is major. The Applicant is behind bars for more than one year. The Applicant has no antecedents. There is no progress in trial, and requested to allow the Application. 4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant sexually assaulted the First Informant on various occasions by threatening her. He extorted money from her. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application.

5.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

6.

It appears from the record that physical relationship between the Applicant and First Informant was consensual. There is delay in lodging the complaint. The First Informant is major. The Applicant is behind bars for more than one year. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial. 7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Shubham Mahendra Kamble be released on bail in Crime No.19 of 2025 registered with Koregaon Park Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)