Saysing Movasha Vasave v. The State Of Maharashtra And Another

2026:BHC-AUG:8800 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.114 OF 2026 Mr. Saysing Movasha Vasave ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Ms Rutuja Jakhade- Kulkarni, Advocate for applicant Mrs. P.V. Diggikar, A.P.P. for respondent No.1 - State Mr. A.R. Muley, Advocate for respondent No.2 (appointed) .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 26th FEBRUARY, 2026 PER COURT :

1.

The applicant seeks release on regular bail in connection with Crime No.217/2025, registered with Dhadgaon Police Station, District Nandurbar for the offences punishable under Sections 64(2)(f), 64(2)(m), 65(1), 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 6 and 17 of the Protection of Children from Sexual Offences Act.

2.

Learned counsel for the applicant submits that, the applicant has been falsely implicated in the present case. The first

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alleged incident occurred in the year 2024 till 29/11/2025. As such, there is inordinate delay in lodging the F.I.R. Since the applicant had reported the indiscipline and misconduct of the victim, this false complaint is lodged against him. The medical examination report of the victim does not support the case of the prosecution. In the absence of the same, the continued incarceration of the applicant would be unjustified. Hence, prayed to allow the application. 3.

Per contra, learned A.P.P. and learned counsel for respondent No.2 vehemently opposed the application, submitting that, the indulgence of the applicant as Head Master of the School, is of serious nature and the witnesses are supporting the case of the prosecution. Further, expressed apprehension that the applicant may influence and threaten the witnesses if released on bail.

4.

Having heard the learned counsel for both the sides and upon perusal of record including charge sheet, indicates that, the victim has levelled allegations of sexual abuse and assault since July 2024 and thereafter also on couple of occasions till November 2025. It is pertinent to note that, the victim has nowhere raised any objection or alarm against the applicant for the alleged abuse. As such, the registration of F.I.R., with the inordinate delay, prima

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facie, creates a possibility of over implication. 5.

Furthermore, the liberty of the applicant cannot be withheld, predominantly when the medical examination report of the victim does not support the allegations levelled against the applicant.

6.

Nevertheless, the applicant is in custody since the date of his arrest. Moreover, the investigation is complete and charge sheet is filed. Considering the number of witnesses the prosecutions seeks to examine, the trial is not likely to commence and conclude within a reasonable time. therefore, the further pretrial incarceration of the applicant is unjustified. 7.

Hence the order :

O R D E R

(i) Bail Application is allowed.

(ii) The applicant Saysing Movasha Vasave be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount in the above crime, on the conditions that :

(a) The applicant shall not influence, threaten or tamper in any manner with the prosecution witnesses

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including but not limited to the victim, minor student witnesses and other staff members of the school. (b) The applicant shall remain present on each date, unless exempted by the trial Court.

(c) In case of breach of any of the conditions, the prosecution or the respondent No.2 can approach the concerned trial Court seeking cancellation of bail of the applicant notwithstanding the fact that this Court has granted the bail to the applicant.

(iii) Needless to state that, the observations rendered herein are confined to the present application, and the trial Court shall decide the trial on its own merits and in accordance with law.

(iv) The High Court Legal Services Sub-Committee, Aurangabad to pay the fees of the appointed learned counsel on behalf of respondent No.2, as per rules. (SACHIN S. DESHMUKH, J.) fmp/-