Sachin Mhadu Avhad v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 582 OF 2026 Sachin Mhadu Avhad ... Applicant

VERSUS

State Of Maharashtra and Anr.

... Respondents _________________________________________________________________ Mr. Mohammad A. Shaikh, Advocate for Applicant. Mr. Sameer M. Mangaonkar, APP for the State.

Ms. Vidhi Gala, Appointed Advocate for Respondent No.2. _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.05.05 14:41:51 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 30th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

Advocate Ms. Vidhi Gala is appointed to represent respondent No.2.

3.

By this application, the Applicant is seeking regular bail in C.R.No. 76 of 2023 registered with Wavi Police Station, Nashik, for the offences punishable under Sections 354(A), 323, 504, 506 of Indian Penal Code, 1860 (for short "IPC") and Sections 8 and 12 of Protection of children from Sexual Offences Act, 2012 (for short "POCSO Act"). 4.

It is prosecution's case on 02.02.2023, applicant outraged the

modesty of the first informant's daughter who is minor. 5.

It is contention of learned counsel for the applicant that the applicant is behind bars for more than three years and one month. The applicant has no antecedents. In the medical report, there is no mention of penetration by the applicant and requested to allow the application. 6.

It is contention of learned APP along with learned counsel for respondent No.2 that the trial is in progress. Six witnesses have been examined. The applicant is the relative of the victim. If the applicant is released on bail, he may abscond or threaten the victim and prosecution witnesses. Hence, requested to reject the application. 7.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The applicant is behind bars for more than three years. Yet trial is not concluded. The allegations against the applicant are outraging the modesty of the victim. It may take time to conclude the trial and I pass following order.

ORDER

i.

The applicant be enlarged on bail in C.R.No. 76 of 2023 registered with Wavi Police Station, Nashik, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount.

ii.

The applicant shall attend the concerned police station

as and when required.

iii.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 8.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of. 9.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

10.

The Maharashtra Legal Services Authority is directed to pay legal fees to appointed Advocate as per Rule. 11.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)