Sanvidhan Alias Nakul Vijay Waghmare v. The State Of Maharashtra And Another

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 71 BAIL APPLICATION NO. 57 OF 2026 Sanvidhan Alias Nakul Vijay Waghmare ....Applicant

VERSUS

The State of Maharashtra & another .....Respondents Mr. G. R. Syed, Advocate holding for Mr. M. G. Biradar, Advocate for the Applicant.

Mrs. P. V. Diggikar, APP for the State.

Ms. H. R. Lomte, Advocate (appointed) for Respondent No. 2. CORAM : SACHIN S. DESHMUKH, J.

DATE : 9th FEBRUARY, 2026.

PER COURT :

1.

Applicant seeks regular bail in connection with Crime No. 336/2025 registered with Kandhar Police Station, Dist. Nanded, for the offences punishable under Sections 64, 78, 87, 137(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act. 2.

The case of prosecution is that the wife of the informant and the victim reside at Kurala at parental house of his wife. On 27.09.2025 at about 4.00 pm, the victim left house informing that she is going to the house of her friend for study. However, she did not

- 2 - return. Upon search, she could not be traced. In this backdrop, the First Information Report came to be lodged.

3.

Learned Counsel for the Applicant submits that the Applicant is prosecuting studies. The victim had acquaintance with the Applicant. There was consensual relationship between the Applicant and the victim. And as such she accompanied the Applicant and thereafter the Applicant is falsely implicated in the alleged incident. It is further submitted that looking to the age of the Applicant and the fact that he is prosecuting studies, the Applicant be enlarged on bail.

4.

Learned APP and learned Counsel for the informant vehemently opposed the application submitting that the Applicant is involved in a serious crime of sexually assaulting a minor girl. Considering the age of the victim, the application does not warrant consideration. hence, prayed to reject the application.

5.

Upon considering submissions of both sides and on perusal of the record, including charge-sheet, it is evident that the Applicant and the victim were in relationship and were together for more than

- 3 - for 4 days during which travelled from place of residence to Aurangabad. The Applicant is a young boy of 19 years, prosecuting studies. The Applicant has produced on record schedule of the examination which is commencing from 10.02.2026. 6.

Nevertheless, investigation in the crime is complete for all purpose and intent. Charge-sheet is filed. Considering the age of the Applicant and the schedule of examination, the application deserves consideration.

7.

Hence, the following order :-

ORDER

(i) Application is allowed.

(ii) Applicant Sanvidhan Alias Nakul Vijay Waghmare, be released on bail, on furnishing P.R. bond in the sum of Rs. 15,000/- (Rs. Fifteen Thousand) with one or two local solvent sureties, in the like amount, in connection with Crime No. 336/2025 registered with Kandhar Police Station, Dist. Nanded, for the offences punishable under Sections 64, 78, 87, 137(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, on the following conditions :-

- 4 - (a) The Applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

(b) The Applicant shall attend the trial on each and every date unless exempted by the Trial Court and shall not leave the area of jurisdiction of the concerned Police Station till conclusion of the trial.

(c) The Applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers of the Applicant and two of the near relatives.

(d) In case of breach of any of the conditions by the Applicant, it is open for the prosecution to move this Court seeking cancellation of bail.

(iii) Needless to state that, nothing stated hereinabove shall be construed as an expression on merits of the case. Learned Trial court shall proceed independently and uninfluenced by the observations made hereinabove.

(iv) The High Court Legal Services Sub-Committee, Aurangabad, to pay fees of learned Counsel appointed for Respondent No. 2 as per rules.

(SACHIN S. DESHMUKH, J.) dyb