Arbaz Tayyab Tamboli v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4540 OF 2025 Arbaz Tayyab Tamboli ... Applicant
Versus
The State Of Maharashtra And Anr.
... Respondents ________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.02.11 11:50:57 +0530 NILAM SANTOSH KAMBLE Mr.Anandmaya Dhorde, for the Applicant.
Mr.B.B. Kulkarni, APP for Respondent-State.
Ms.Harshada Parbhane, for Respondent No.2.
________________________________________________________ CORAM : SHIVKUMAR DIGE, J.
DATE : 9th FEBRUARY 2026 P.C. :
.
By this Application, the Applicant is seeking regular bail in Crime No.267 of 2025 registered with Parvati Police Station, Pune City, for the offences punishable under Sections 64(2)(m), 115(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), and Sections 4,6,8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short).
2.
It is prosecution's case that during period 2022 to July 2025, the Applicant sexually assaulted the First Informant who was minor on the promise of marriage and by threatening her.
3.
It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than seven months. The Applicant has no antecedents. The relationship between the Applicant and First Informant was consensual. The First Informant is more than 17 years old, and requested to allow the Application.
4.
It is contention of learned APP along with learned counsel for Respondent No.2 that First Informant was minor at the time of incident. The Applicant was aware about her age. The Applicant sexually assaulted her on the promise of marriage and by giving constant threats. The Applicant constantly threatening 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.
The age of the First Informant is more than 17 years. There is delay in lodging the complaint. The Applicant has no antecedents. Applicant is behind bars for more than seven months. 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-Arbaz Tayyab Tamboli be released on bail in Crime No.267 of 2025 registered with Parvati Police Station, Pune City, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.
(ii) The Applicant shall not enter in the jurisdiction of Parvati Police station till recording of evidence of First Informant, except attending Court dates.
(iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.
(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.
(v) The Applicant shall attend the concerned Police Station as and when required.
(vi) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)