Kamala Alias Kama Manya Pawara v. The State Of Maharashtra

2026:BHC-AUG:15285

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 BAIL APPLICATION NO. 411 OF 2026 KAMALA ALIAS KAMA MANYA PAWARA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kulkarni Suniket Anil. APP for Respondent/s-State : Mr. S. V. Hange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 09.04.2026 PER COURT :- 1.

Heard both sides.

2.

The applicant is seeking enlargement on bail in respect of offence bearing Crime No.115 of 2025, registered with Dhadgaon Police Station, District Nandurbar, for the offences punishable under Sections 64(1), 64(2)(m)(f), 351(3) of Bhartiya Nyaya Sanhita.

3.

It is alleged that informant was taken to Roshmal Bu. Khardipada under the pretext of taking her to dispensary at Dhadgaon. She was ravished and thereafter she was left at Bilgaon.

4.

Learned counsel for the applicant submits that the prosecution theory is improbable considering the distance

between Khardipada and Bilgaon or Dhadgaon. She voluntarily accompanied and with applicant upto at 6.00 p.m. Its a public road and it is not possible to have forcible physical relation in the open space. The medical evidence does not support the prosecution case.

5.

Per contra, learned APP submits that clinching material is collected during the course of investigation. The plea raised by the applicant can be tested during the course of trial. 6.

Informant is married and has four children. Her daughter was ill and she wanted to go to dispensary at Bilgaon on 06.07.2025. The applicant is alleged to have taken her at 3.00 p.m. They reached at Roshmal at 6.00 p.m. It is difficult to conceive that from 3.00 to 6.00 p.m. without any resistance the informant would have been with the applicant. 7.

The medico legal report does not support the prosecution case. The involvement of the applicant is suspicious. He is entitled to be released on bail because he is behind bar since 11.07.2025. I, therefore, pass the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant KAMALA ALIAS KAMA MANYA PAWARA shall be released on bail in Crime No.115 of 2025, registered with Dhadgaon Police Station, District Nandurbar, for the offences punishable under Sections 64(1), 64(2)(m)(f), 351(3) of Bhartiya Nyaya Sanhita on furnishing P. R. bond of Rs.20,000/- (Rupees twenty thousands only) with one solvent surety of like amount on the following condition :

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

(b) The applicant shall not contact prosecution witnesses and tamper prosecution evidence.

(iii) Bail application is disposed of accordingly.

(SHAILESH P. BRAHME, J.) ...

vmk/-