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Bombay High CourtABA/40/2026disposedoff

Adityanath S/O Sandip Mate v. The State Of Maharashtra Thr Superintendent Of Police Akola, Dist Akola

2026-01-22Hon'Ble Shri Justice Rajnish R. Vyas2 pages

1 43 aba40.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 40 OF 2026 ADITYANATH S/o SANDIP MATE, THRU. GUARDIAN FATHER SANDIP V MATE VERSUS STATE OF MAH., THRU. SUPDT. OF POLICE, AKOLA AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. V. S. Wakale, Advocate for the applicant thru. V.C. Mr. N. R. Rode, A.P.P. for the non-applicant nos.1 and 2. CORAM : M. W. CHANDWANI, J.

DATE : JANUARY 22, 2026.

1.

Heard the learned counsel appearing for the applicant .

2.

The applicant is apprehending his arrest in connection with Crime No. 557/2025 registered with Police Station, Murtizapur, Dist. Akola for the offences punishable under Sections 69, 318(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 4(1) of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act") 3.

It is contended on behalf of the applicant that he is a minor and a Child in Conflict with Law (CCL) against whom the FIR came to be lodged by the victim alleging rape on false pretext of marriage and cheating. It appears that the victim herself handed over the gold ornaments when the applicant asked for them.

4.

Issue notice to the non-applicants, returnable on 05.02.2026.

5.

Learned APP waives service of notice on behalf of

2 43 aba40.26.odt non-applicant nos.1 and 2.

6.

Considering the age of the applicant and the statement that the victim who is aged about 17 years and 8 months, herself handed over the gold ornaments to the applicant, a detailed scrutiny of the case diary is required, which is not available today. Hence, a case is made out for grant of ad-interim protection to the applicant. 7.

Pending the application, in the event of arrest of applicant - Adityanath S/o Sandip Mate in connection with Crime No. 557/2025 registered with Police Station, Murtizapur, Dist. Akola for the offences punishable under Sections 69, 318(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 4(1) of the Protection of Children from Sexual Offences Act, 2012, he be released on bail on furnishing a PR bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount. 8.

The applicant shall attend Police Station, Murtizapur, Dist. Akola on every Saturday and Wednesday between 10.00 am and 12.00 pm for four weeks and cooperate with the investigation.

9.

The applicant shall neither pressurize the prosecution witnesses nor tamper with the prosecution evidence in any manner.

10.

The Investigating Officer to follow due procedure, since the applicant is a minor and a child in conflict with law.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 22/01/2026 20:46:29