Bhaiyasaheb Shankar Ingle v. The State Of Maharashtra And Another

2026:BHC-AUG:8509 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.168 OF 2026 Bhaiyasaheb s/o Shankar Ingle ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. S.K. Chavan, Advocate for applicant Mr. P.P. Dawalkar, A.P.P. for respondent No.1 - State Mr. Pratap Vikhed, Advocate for respondent No.2 (appointed) .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 24th FEBRUARY, 2026 PER COURT :

1.

The applicant seeks regular bail in connection with Crime No.711/2025, registered with Gangakhed Police Station, District Parbhani for the offences punishable under Sections 74 and 78 of the Bhartiya Nyaya Sanhita and Sections 8 and 12 of the Protection of Children from Sexual Offences Act. 2.

Learned counsel for the applicant submits that, the

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applicant has been falsely implicated in the case. The investigation is already complete and charge sheet is filed. Therefore, further custody of the applicant is unwarranted. Hence, prayed to allow the application.

3.

Learned A.P.P. and learned counsel for respondent No.2 vehemently opposed the application, contending that the offence is serious in nature. As such, prayed to reject the application.

4.

Having heard the learned counsel for both the sides and upon perusal of the material including charge sheet, prima facie, it appears that, the only allegation against the applicant pertains to an act of alleged inappropriate conduct towards the victim. The accusations against the applicant are based solely on the statement of victim. There is no eye witness or independent evidence in support of the said allegation. The informant and other witnesses have only seen the applicant leaving the spot. As such, there is no other corroborative evidence against the applicant. 5.

Furthermore, the applicant is young, aged 20 years and is in custody since the date of his arrest i.e. 14/10/2025. Hence, keeping in mind the reformative approach towards young offenders,

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prolonged incarceration in the harden criminals may cause irreversible damage to the young and youthful mind of the applicant.

6.

Nevertheless, the investigation is complete for all intents and purpose. In that view of the matter, further custody of the applicant is not warranted. Therefore, I am inclined to exercise discretion in favour of the applicant.

7.

Hence the order :

O R D E R

(i) Bail Application is allowed.

(ii) The applicant Bhaiyasaheb s/o Shankar Ingle 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 tamper with the prosecution witnesses in any way.

(b) The applicant shall remain present on each date, unless exempted by the trial Court.

(c) The applicant shall not enter the jurisdiction of Tahsil Gangakhed, District Parbhani till conclusion of the

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trial, except for the dates of attending the trial. (d) In case of breach of any of the conditions, the prosecution or the informant can approach the 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.

(SACHIN S. DESHMUKH, J.) fmp/-