Vijendra Namdeo Kamble v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4330 OF 2025 Vijendra Namdeo Kamble ...Applicant

Versus

The State of Maharashtra

...Respondents

Mr. Nitin S. Satpute a/w Mr. Deepak jagdev a/w Mr. Rachit Singh a/w Mr. Abhishet Bandekar a/w Mr. Sandeep Khandekar, for the Applicant.

Ms. Veera Shinde, APP, for the Respondent - State. Mr. Bhagwan Pawar, Kurar Village Police Station, is present.

CORAM:

R. M. JOSHI, J.

DATED:

27th MARCH, 2026 PC:- 1.

Applicant seeks bail in connection with Crime No.469 of 2025 registered with Kurar Village Police Station, Mumbai, for the offences punishable under Sections 79, 352, 351(2) of Bhartiya Nyaya Sanhita, 2023 ( for short "BNS") and Sections 66(E) & 67 of the Information Technology Act, 2000 (for short "I.T. Act".) 2.

The husband of victim lodged report to the police alleging that the applicant using the obscene photographs of his wife has committed sexual assault on her. In connection with the said crime, applicant came to be arrested on 13th June 2025. After completion of investigation chargesheet came to be filed.

3.

Learned Counsel for the Applicant submits that prima facie perusal of the record indicates that this is a case of a consensual relationship between two adult person. In this regard he relied upon the photographs of the applicant and victim so also the chats between them. It is his submission that considering the said evidence, it can not be held that the victim was subjected to forcible sexual relationship. 4.

Learned APP opposes the application by citing seriousness of the crime.

5.

Perusal of the record, prima facie supposed the contention of the applicant that this could be a case of a consensual relationship between two adult person. Applicant has no criminal history. He is not likely to flee from justice. He cannot be kept behind the bars by way of pretrial sentence. Hence, order.

ORDER

i) Criminal Bail Application stands allowed in connection with Crime No.469 of 2025 registered with the Kurar Village Police Station, Mumbai, for the offences punishable under Sections 79, 352, 351(2) of Bhartiya Nyaya Sanhita, 2023 and Sections 66(E) & 67 of the Information Technology Act, 2000.

ii) The Applicant be enlarged on bail, on furnishing P. R. Bond of Rs.15,000/- with one surety in the like amount till the satisfaction of the Trial Court.

iii) Applicant to attend all dates of hearing before the Trail Court unless his presence is exempted by passing specific order.

vi) Any breach of the above condition shall result forthwith in cancellation of bail.

6.

The application is allowed in aforesaid terms and is accordingly disposed of.

7.

All concerned to act upon the authenticated copy of this order.

(R. M. JOSHI, J.) VDMokal/-