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Bombay High CourtABA/1/2026disposed off

Hemant S/O Ravindra Rane v. The State Of Maharashtra Thr Pso Tirora Tah Tirora Dist Gondia

2026-02-18Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:2891 1 56-aba-1-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 1 OF 2026 Hemant S/o. Ravindra Rane Vs.

The State of Maharashtra and another ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri A. M. Chandekar, Advocate for applicant. Shri S. B. Bissa, APP for non-applicant no. 1/State. Ms. Krutika Motdhare, Advocate (appointed) for non-applicant no. 2. CORAM :- M. W. CHANDWANI, J.

DATED :- 18.02.2026 2.

The applicant seeks anticipatory bail in connection with Crime No. 1196/2025 registered with Police Station Tirora, Dist. Gondia for the offence punishable under Section 64(2)(i) of the Bhartiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO"). 3.

Heard the learned counsel for the applicant as well as the learned APP for the State and the learned counsel for non-applicant no. 2.

4.

It appears that the applicant and the victim had a love affair and the victim eloped with the applicant on 27.09.2025 and resided with the applicant for about three months. The applicant also committed sexual intercourse with the victim. On 19.12.2025, the father of

2 56-aba-1-26.odt the victim took her back home and thereafter, lodged the First Information Report. Therefore, the aforesaid offence came to be registered against the applicant.

5.

Perusal of the case-diary reveals that the victim is a minor i.e. 16 years and 5 months old. She got entangled in a love affair with the applicant. The applicant is also in his 20's. No doubt, since the victim is a minor, her consent is immaterial sofaras the offence of rape as well as the offence under the POCSO is concerned. However, it is palpable from the case-diary that the victim resided with the applicant in his house for almost three months. The alleged incident occurred on 11.12.2025 i.e. almost 21⁄2 months ago and therefore, nothing is required to be seized from the applicant. 6.

The applicant was protected by ad-interim order of this Court dated 01.01.2026 and accordingly, he appeared before the Investigating Officer and co-operated in the investigation.

7.

In view of the above, a case is made out for confirming the ad-interim protection granted to the applicant.

8.

Sofaras, the anxiety of the learned counsel for the victim that the applicant may cause harm to the victim is concerned, the applicant can be put on stringent conditions. Hence, the following order:-

3 56-aba-1-26.odt i) The order dated 01.01.2026 granting adinterim protection to the applicant is hereby confirmed. ii) The applicant shall not enter into village Vadegaopn, Tah. Tirora, Dist. Gondia till filing of the charge-sheet.

iii) The applicant shall not threaten the prosecution witnesses and shall not tamper with the prosecution evidence.

iv) The applicant shall attend the concerned Police Station as and when directed by the Investigating Officer.

v) The fees of the learned counsel appointed to represent non-applicant no. 2 shall be quantified as per rules.

9.

With this, the application stands disposed of. (M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 18/02/2026 19:53:45