SUJAL SUDAM KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has filed this bail application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asking to be released on bail. He is accused in Crime Register No. 32 of 2025 at Panvel City Police Station. The charges against him are under Ss. 64(1), 64(2), 64(m), 70(20), 351(2), and 351(3) of the Bharatiya Nyaya Sanhita, 2023 ('BNS'), and also under Ss. 4 and 8 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO').

(2.) According to the prosecution's case, the victim is a minor girl. In 2020, she and the applicant met through Instagram and started talking. They met in person, became friends, and fell in love. The victim states that on 15/4/2023, the applicant took her to his house, demanded a physical relationship, and threatened her into having sexual relations with him. The accused threatened that he would only marry her if she agreed to the physical relationship. After that, this act was repeated several times. On 7/11/2024, the applicant again misled the complainant with the promise of marriage, took her to a lodge in Nerul, and sexually assaulted her by force. Throughout the period from 3/4/2023 to 7/11/2024, the applicant allegedly took advantage of the complainant being a minor, threatened to kill her family members, and repeatedly forced her into sexual activity at his house and at a lodge in Nerul against her will and under false promises of marriage. Based on these allegations, an FIR was registered against the applicant.

(3.) The applicant's advocate argued that when the first incident happened, the victim was about 16 years old and the applicant was around 19 years old. According to him, the victim's account shows that she went with the applicant to various lodges willingly. He also pointed out differences between the statements recorded under Ss. 161 and 164 of the CrPC (now renumbered as Ss. 181 and 183 of the BNSS). He argued that the victim's statement in the FIR does not show that the applicant forced or pressured her to go with him. The applicant had only promised to marry her. Therefore, the lawyer requested that the applicant be granted bail.