Kunal Sunil Shirole v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4620 OF 2025 Kunal Sunil Shirole ... Applicant

Versus

State Of Maharashtra And Anr ... Respondents _________________________________________________________________ Ms.Shubhangi Parulekar a/w Ms.Grishma Parab, for the Applicant. Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.Samay Pawar, for Respondent No.2.

by NILAM SANTOSH KAMBLE Date: 2026.03.24 11:11:24 +0530 NILAM SANTOSH KAMBLE _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 18th MARCH 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.200 of 2025 registered with Dehu Road Police Station, Pune, for the offences punishable under Sections 64(1), 78, 352 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short). 2.

It is prosecution's case that during period year 2018 to 2020, the Applicant sexually assaulted the victim by threatening her. It is alleged that the Applicant married with victim by threatening her. 3.

It is contention of learned counsel for the Applicant that there was love affair between the Applicant and victim. There is delay in lodging

FIR. At the time of the incident, victim was more than 16 years old. The Applicant is behind bars for more than seven months. The Applicant has no antecedents. It may take time to conclude trial. The learned counsel further submitted that the Applicant has filed undertaking before this Court stating that the Applicant will give divorce to the Victim/First Informant without imposing any condition. The learned counsel further submitted that both the parties have settled the matter out of the Court and Consent Terms are prepared between them and requested to allow the Application.

5.

It is contention of learned APP that, the Applicant sexually assaulted the victim on several occasions by threatening her. He performed marriage by threatening her. At the time of incident, victim was minor. If the Applicant released on bail, he may abscond or threaten Victim and prosecution witnesses, and requested to reject the Application. 6.

The learned counsel for First Informant submitted that the matter is settled out of Court and Consent Terms are prepared between the parties, as the Applicant has given undertaking for divorce to the Victim/First Informant, hence, appropriate order be passed. 7.

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

8.

The Applicant is behind bars for more than seven months. It

appears that the Applicant and victim had love affair. The Applicant has no antecedents. The Applicant has given undertaking he will give divorce to the First Informant.

9.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.200 of 2025 registered with Dehu Road 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.)