Avinash Bhairu Londhe v. The State Of Maharashtra And Others
1 82-BA-3609-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3609 OF 2025 AVINASH BHAIRU LONDHE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Mr. Ujwal Agandsurve, Advocate for Applicant Ms. P. S. Rane, APP for Respondent/State Ms. Sharvari Tipugade, Advocate for Respondent Nos.2 and 3 (Appointed) ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 12TH JANUARY, 2026 PER COURT :
1.
By this application applicant seeks bail in C.R. No.117/2025, registered with Karmala Police Station, District Solapur, for offences punishable under Sections 64(2)(m), 64(2)(f), 115, 351(3) of the Bharatiya Nyaya Sanhita, Sections 376, 321, 605 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 2.
FIR is lodged by the mother of minor victim on 26/01/2025. At the relevant time victim was studying in 10th Standard but was not attending the school. It is alleged that the victim was avoiding to attend the school. When the informant used to ask her, she was not giving any reason and was keeping mum. On inquiry she disclosed that since January, 2023 her cousin
2 82-BA-3609-25.odt maternal uncle / applicant used to call her on mobile phone and tell her that she is very good, if she was married with him she would have raised his children. He also told her that he does not like his wife and he likes the victim, he wants to marry with her. Though victim refused for the same, he kept on calling her on phone. In the month of December, 2024, when nobody was at home he came to the house and insisted that she should marry him. On her refusal, he threatened that he would commit suicide. Thereafter he threatened that he would kill her parents and forcefully established physical contact with her. He threatened that if she discloses this to anybody then he will harm her parents. Thereafter also the applicant repeatedly committed forceful sexual intercourse with the victim.
3.
Pursuant to the registration of crime applicant was arrested on 16/02/2025. On completion of investigation chargesheet is filed. 4.
Heard learned advocate for applicant, learned APP for respondent/State and learned advocate appointed to represent respondent Nos.2 and 3. Perused the record.
5.
It is evident from the record that applicant who is cousin maternal uncle of the minor victim is a married man and
3 82-BA-3609-25.odt having two children. He has forcefully established physical relations with the minor victim by giving threats and impregnated her. The DNA report supports the prosecution case. Medical certificate also supports the prosecution case. The victim has categorically stated that applicant has forcefully established relations with her against her wish and has given threats to her.
6.
Prima facie, there is overwhelming evidence against the applicant of commission of serious crime punishable under the provisions of Protection of Children from Sexual Offences Act. Therefore, this is not a fit case to grant bail to the applicant. Application being devoid of merit, is dismissed. 7.
Fees of the learned advocate appointed to represent respondent Nos.2 and 3 be paid by the Legal Aid as per the schedule, within a period of eight weeks from today. (NITIN B. SURYAWANSHI, J.)