Bombay High Court observes that the accused, aged just 18 years and 9 months at the time of offence, “could not realize the serious consequences” of his actions; Advocate Harekrishna Mishra successfully argued for the applicant.
MUMBAI, June 10, 2026 – In a significant ruling, the Bombay High Court today granted bail to a young man accused of kidnapping and raping a 13-year-old girl, observing that the duo was in a “love relationship” and that the accused's young age and prolonged incarceration of three and a half years warranted his release.
Justice Shyam C. Chandak of the Criminal Appellate Jurisdiction allowed the bail application of Jay Anil Sawant, who had been behind bars since December 2022 in connection with Crime No. 472 of 2022 registered at Aarey Police Station, Mumbai. The applicant was represented by Advocate Harekrishna Mishra, along with Advocate Jyoti S. Gupta, instructed by Advocate Prablin Singh Abrol.
The Case Against the Applicant. The applicant faced serious charges including aggravated rape under Section 376(3) of the IPC – which deals with rape of a woman under 12 years of age – along with Sections 363 (kidnapping), 354 (assault or criminal force to outrage modesty), and 354-A (sexual harassment), and Sections 4, 8, and 12 of the POCSO Act, 2012, and Sections 66(C) and 66(E) of the IT Act, 2000. According to the prosecution, the applicant and the victim first came into contact through Instagram, and their friendship gradually developed, leading to a meeting at Goregaon on December 9, 2022. Following instructions sent via Instagram messages, the victim travelled with the applicant to Wakad, Pune, where the applicant allegedly committed forcible sexual intercourse on December 11, 2022.
Arguments. Advocate Harekrishna Mishra argued that the applicant and the victim had come in contact through social media and gradually developed a friendship, emphasising his young age and the consensual nature of the relationship. The prosecution, led by APP S.V. Walve along with the victim's counsel Sanskriti Yagnik, vehemently opposed bail, arguing the material on record showed the applicant had induced the minor to elope, that forcible intercourse followed, and that the medical report supported the victim's version.
Court's Reasoning. Justice Chandak took into consideration several mitigating factors while acknowledging a prima facie case existed. “From the record, prima facie it appears that the victim and the Applicant were in love relationship,” the court observed, an observation bolstered by the applicant's mother's statement that when she questioned both about their relationship, they allegedly threatened to commit suicide. The bench also noted the applicant's socioeconomic background — “the Applicant belongs to poor strata of the Society” — and, most crucially, his age: “the Applicant could not realized the serious consequences of this offence due to young age,” having been just 18 years and 9 months old at the time. The court also weighed his three and a half years in custody since December 2022.
Bail Conditions. The applicant was released on a Personal Recognizance Bond of Rs. 50,000 with sureties in like amount, subject to conditions including monthly attendance at Aarey Police Station on the 1st of each month, regular attendance before the jurisdictional court, a prohibition on tampering with evidence or influencing witnesses, and furnishing his contact details and address to the Investigating Officer.
The Bombay High Court clarified that its observations were confined strictly to the determination of bail entitlement and were not to be construed as any expression of opinion on the applicant's guilt, directing the trial court not to be influenced by them while adjudicating the matter.
