Mahesh Gulabrao Ingale vs State of Maharashtra - Bail Application

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions

and Registrar's orders

                     Mr. S.V. Sirpurkar, Advocate for applicant.
                     Mr. V.A. Thakare, APP for non-applicant/State.
                     Ms. Sakshi Pathak, Advocate (appointed) for victim/non-applicant
                     No.2.

                     CORAM: M. M. NERLIKAR, J.
                     DATED : 23/03/2026.

                                Heard.

                     2.         By this application, the applicant is seeking bail in

                     connection with Crime No.494/2025 registered with Police

                     Station Jalgaon Jamod, Dist. Buldhana for the offence

                     punishable under Sections 137(2), 64(1), 65(1), 351(2),

                     64(2)(i), 87, 127(2) of the Bharatiya Nyaya Sanhita and [Sections 4](https://indiankanoon.org/doc/26275631/), [8](https://indiankanoon.org/doc/188860642/), [12](https://indiankanoon.org/doc/101331313/) of the Protection of Children from Sexual

                     Offences Act.

                     3.         The prosecution story in a nutshell is that, the

                     victim aged 15 years has lodged a report on 25/10/2025

                     alleging that on 29/08/2025 around 09:00 a.m., the victim

                     was going to her school at Pimpalgaon Kale and at that

                     time, the applicant who was familiar with her took her to
                2                             14 BA 236.26

the house of his grandmother. It is alleged that, the

applicant has established forcible physical relations with

her and threatened her not to disclose the incident to

anybody otherwise he would defame her. On the basis of

such allegations, the report was lodged.

1. The learned counsel for the applicant submits that

the applicant is of 21 years of age and the victim is 15

years and 8 months old. He submits that there is an

ongoing love affair between the couple and the parents

insisted on lodging the report. There was no sexual

intercourse between them as even the medical report

shows that the hymen is intact. The provisional opinion

was given by the Doctor that the penetration has not

occurred as there is no injury on body and perineum

hymen therefore he submits that considering all the

allegations, the applicant deserves to be granted bail.

1. On the other hand, the learned APP and the

learned counsel appearing for the victim have invited my

attention to the allegations in the first information report.

They submits that the consent of the minor victim is no

consent in the eye of law. According to them, there are
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incidents of sexual intercourse as stated in the first

information report lodged by the minor victim herself.

They submits that even in the medical history, she has

narrated that the last sexual intercourse was 58 days prior.

No doubt the applicant is 21 years of age, however,

considering that he is a major and a heinous offence is

committed against minor, he may not be released on bail.

1. I have considered the rival submissions, gone

through the first information report and the report of

investigation annexed to the charge sheet. It appears from

the record that the applicant is of 21 years of age. In the

first information report, it is alleged that the applicant took

the victim to his house as there was nobody in the house

and he has committed sexual intercourse with her. As a

result of the medical report wherein the victim has given

history, it appears that they were acquainted and talking

with each other on Instagram. They have also taken

photographs with each other. It is further stated that they

had sexual intercourse with each other. Further part of the

medical examination report shows that hymen is intact and

further the provisional medical opinion shows that no

penetration had occurred.
4 14 BA 236.26

1. Considering all the above factors and the fact that

the applicant is just 21 years of age, the entire career of the

application will be spoiled, if he is not granted bail. The

applicant is behind bars since 25/10/2025. The

investigation is complete and charge sheet is filed, by

imposing stringent conditions, the applicant can be

released on bail, hence the following order:-

                       ORDER (i)   Criminal application is allowed and disposed of.

(ii) The applicant/accused Mahesh Gulabrao Ingale be
released on regular bail in connection with Crime
No.494/2025 registered with Police Station Jalgaon Jamod,
Dist. Buldhana for the offence punishable under Sections
137(2), 64(1), 65(1), 351(2), 64(2)(i), 87, 127(2) of the
Bharatiya Nyaya Sanhita and Sections 4, 8, 12 of the
Protection of Children from Sexual Offences Act on his
furnishing P.R. Bond of Rs. 25,000/- with one surety in the
like amount.

(iii) The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case, as also shall not tamper with the
evidence.

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(iv) The accused shall provide his residential address and
cell number to the concerned Police Station and shall not
change his place of residence without prior intimation to
the concerned Investigating Officer.

(v) The applicant/accused shall attend each and every
date of trial regularly. If he fails to attend the trial for two
consecutive dates or fails to comply with the aforesaid
conditions, his default would entail the State to ask for
cancellation of bail.

(vi) The applicant/accused shall not enter the village,

                                  where the victim resides.

(vii) The fees for the appointed learned counsel be

                                  quantified and paid as per Rules.

( M. M. NERLIKAR, J.)

             Gohane

Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 23/03/2026 18:18:26