1. This is an application by applicant/accused Sachin Shivkumar Gautam under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 for grant of bail.
2. The respondent-state objected the application by filing its say at Exh.2.
3. The intervener-victim objected the application by filing her say-cum-written notes of argument at Exh.5.
4. Heard Ld. Adv. Mr. Premkumar Pandey on behalf of the Applicant-accused, learned APP Ms. Sureeta Singh on behalf of the state and Advocate Mr. Bankar for Intervener/victim at length.
5. It is alleged by informant-victim (age 42 years) that she is working in Share Market. During April 2019 to June 2025 she was attending Badminton Coaching Class, where accused was Head-Coach. He developed friendship with her. Firstly he administered stupefying substance in her drink with liquor and thereby committed rape upon her. Thereafter, he committed repeated rape upon her. He threatened her to make viral her naked videos. He used to beat her while committing rape. He extorted amount of Rs.75,00,000/- from her under threat. Hence, the report.
6. As per the report, Crime No. 26 of 2026 is registered against accused at Chembur Police Station for the offences punishable under Sections 64(1), 64(2)(d), 308(2), 115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023.
7. Prima facie, the applicant-accused is arrested on 13.02.2026 and since then he is behind bars. The concerned police have completed the investigation and filed charge-sheet. The victim is a married lady aged 42 years. The victim and accused both are well educated and matured. They maintained sexual relations during the years 2018 to 2025, which is a long period.
The victim has failed to give satisfactory details of alleged payment of lakhs of rupees to the accused. There is no possibility of commencement of trial in near future. The trial will take its own time. The accused cannot be detained for an indefinite period.
The learned Advocate for accused relied upon the following case laws:
- Abhishek Namdev Rathod v. The State of Maharashtra and Another, Bail Application No.813 of 2025.
- Nikhil Dilip Sawant v. The State of Maharashtra, Bail Application No.2167 of 2018.
- Vishal Ganpat Pawar v. The State of Maharashtra, Criminal Bail Application No.1359 of 2018.
- Mohit Mohan Agrawal v. The State of Maharashtra, Bail Application No.12 of 2021.
8. Thus, in the case at hand also the charge-sheet is filed. The victim and accused visited many places together and had sexual relations during the long period of six to seven years. Therefore the applicant-accused is entitled for bail. However, he being resident of State of Punjab, the cash bail cannot be justified.