Sachin Gopinath Jadhav v. The State Of Maharashtra And Another
2025:BHC-AUG:15263
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1011 BAIL APPLICATION NO. 911 OF 2025 SACHIN GOPINATH JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. G.K. Naik-Thigle APP for Respondent/State : Mrs. V.N. Patil-Jadhav Advocate for Respondent 2 : Mr. P.N. Mule ...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
18/06/2025 P.C. :
1.
Heard the learned counsel for the applicant, the learned APP for the respondent-State and Mr. P.N. Mule, learned counsel appearing for respondent No. 2/victim.
2.
The applicant is seeking bail as he was arrested in connection with Crime No. 667/2024 dated 5.12.2025 registered with Aundha(Nagnath) Police Station, Aundha (Nagnath), District Hingoli for the offences punishable under sections 137(2), 65(1), 87 of B.N.S. and section 4 and 8 of Prevention of Children From Sexual Offences Act. 3.
The missing case is registered by the father of the victim as the victim, aged 15 years 2 months was not found at his place from 4.12.2024. When the family members of the applicant became aware of the missing complaint filed by the father of victim, they asked the victim girl to go to the house of her father. When the victim returned to the house of parents, her statement under section 183(5) of B.N.S.S. was recorded in which she has stated that sister in law of the sister of the victim had called the victim at Parbhani bus stand and when victim went there, she and applicant
pursuaded the victim to travel with the present applicant. Thereafter, she went to the house of the applicant and she has stayed with the applicant and family members of the applicant for eight days and the applicant had kept physical relations with the victim during that period. On the basis of the above statement, the case is registered against the present applicant and other for aforesaid offences.
4.
The learned counsel for the applicant submits that on persual of the statement of the victim under section 183(5) of B.N.S.S., it is apparent that the relations between the applicant and the victim are consensual, the victim is having the age of understanding and she herself proceeded with the applicant to his residence and after becoming aware that father of victim lodged the complaint, she returned back to the house of the father and then the case is registered for the aforesaid offences. The learned counsel submits that there is no coersion on the part of the applicant. The learned counsel submits that the applicant is of 22 years of age, chargesheet in the matter is also filed on 10.5.2025 and considering all above facts, the learned counsel prays that the applicant may be released on regular bail.
5.
The learned counsel for respondent No. 2/victim submits that the victim and her father are present in the court and they have no objection to grant regular bail to the applicant.
6.
Considering the statement of the victim under section 183(5) of B.N.S.S., so also the statement made by the prosecutrix through her advocate, it appears that the relations between the applicant and the victim are consensual and the victim had proceeded along with the applicant on her own. Considering all above facts, I hold that regular bail can be granted
to the applicant.
7.
In view of the above, the application is allowed in the following terms :
a] The applicant shall be released on bail in connection with Crime No. 667/2024 dated 5.12.2025 registered with Aundha(Nagnath) Police Station, Aundha (Nagnath), District Hingoli for the offences punishable under sections 137(2), 65(1), 87 of B.N.S. and section 4 and 8 of Prevention of Children From Sexual Offences Act, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 8.
Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 9.
It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall
proceed further in the matter without being influenced by the observations made hereinabove.
10.
The application stands disposed of.
[ARUN R. PEDNEKER, J.] SSC/