← Library
Bombay High CourtBA/367/2026application allowed

Sanket Babasaheb Bankar v. The State Of Maharashtra And Another

2026-04-30Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:19530 1 367 - 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 367 OF 2026 Sanket S/o Babasaheb Bankar, Age : 24 years, Occu. : Education, R/o Gut No. 69, Salveguruji Nagar, Padegaon, Dist. Aurangabad ...

Applicant

VERSUS

1] The State of Maharashtra, Through Cantonment Police Station, Aurangabad 2] X.Y.Z.

...

Respondents ...

Advocate for Applicant : Mr. Nilesh S. Ghanekar A.P.P. for Respondent/State : Mr. C.V. Bhadane Advocate for respondent no. 2 : Mr. Sajeed W. Khan

CORAM

: SHAILESH P. BRAHME, J.

DATE : 30.04.2026 PER COURT :

Heard both sides.

2.

The applicant is seeking enlargement on bail in connection with Crime No.475 of 2025, registered with Cantonment Chhawani Police Station, Chh. Sambhajinagar, Dist. Chh. Sambhajinagar for the offences punishable under Section 64(1) of Bharatiya Nyaya Sanhita, 2023, section 4, 6 of POCSO Act. 3.

The applicant is arrested on 02.12.2025. Charge-sheet is filed on 20.12.2025.

4.

Unfortunate father of the victim lodged a report with the Police that his minor daughter was impregnated by one Vijay Shinde by luring her. Later-on, it revealed that it was not the person Vijay Shinde, but her own elder brother, who is 1/3

2 367 - 2026 the present applicant. Supplementary statement and statement under section 183 of the victim are recorded and medical examination is conducted. 5.

Learned counsel for the applicant Mr. Ghanekar submits that the victim is unreliable. She herself was responsible because she enforced the applicant to keep relations which is evident from her statement recorded under section 183. The applicant is a heart patient and had undergone bypass surgery. He is studying and he is ready to reside separately from the parents. 6.

Learned counsel appearing for respondent no. 2 - victim informant had no objection for enlarging the applicant on bail. 7.

APP submits that there is incriminating material in the form of the statement under section 181, 183 and medical report. The involvement of the applicant is apparent.

8.

Applicant's father is at the trial. The victim is his daughter and applicant is his son. In a peculiar circumstances, this Court is inclined to grant bail, to give some solace to unfortunate father.

9.

Admittedly, applicant is a heart patient. He is prosecuting his graduation. It is ensured by learned counsel for the applicant that he is ready to reside separately from the parents and the victim. The informant father will be the sufferer either way if the bail is granted or it is refused. 10.

I, therefore, pass the following order :- I] The Bail Application is allowed.

II] The applicant shall be released on bail in connection with Crime No. 475 of 2025, registered with Cantonment Chhawani Police Station, Chh. Sambhajinagar, Dist. Chh. Sambhajinagar for the offences punishable under Section 64(1) of Bharatiya Nyaya Sanhita, 2023, section 4, 6 of POCSO Act, on following conditions:

(a)The applicant shall furnish P.R. bond of Rs.20,000/- (Rs. Twenty Thousand only) with one solvent surety of like amount. 2/3

3 367 - 2026 (b)The applicant shall stay away from the residence of his parents and the victim till the conclusion of the trial. (c)The applicant shall furnish his mobile/cell number and address to the investigating officer.

(d) The applicant shall co-operate for expeditious disposal of the trial.

( SHAILESH P. BRAHME, J.) arp/- 3/3