Shyam Shantaram Thorat v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 606 OF 2026 Shyam Shantaram Thorat ...Applicant
VERSUS
The State Of Maharashtra And Anr
...Respondents
____________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.04.30 15:06:48 +0530 NILAM SANTOSH KAMBLE Mr.Sanjiv Sawant a/w Mr.Samir Suryawanshi and Ms.Bhakti Wast, for the Applicant.
Ms.R.D. Humane, APP for Respondent-State.
Mr.Harshwardhan M. Pawar, for Respondent No.2. Mr.S.B. Karbhat, ASI, Manchar Police Station, Pune Road. ____________________________________________________________
CORAM
: SHIVKUMAR DIGE, J.
DATE : 28th APRIL 2026 P.C. :
.
By this Application, the Applicant is seeking regular bail in Crime No.0007 of 2026 registered with Manchar Police Station, Pune, for the offences punishable under Sections 64, 74, 75 of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short) and Sections 4,6,8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short). 2.
It is prosecution's case that on 2nd January 2026 between 8.00 to 9.00 p.m. the Applicant took the First Informant in his car on the ground that he will drop her to her requisite place and sexually assaulted her by inserting finger in her private part by threatening her.
3.
It is contention of learned counsel for the Applicant that the Applicant has been falsely implicated in this case as the Applicant has lodged complaint against the Police Authority of that area, and to take revenge of it the false case is filed against the Applicant. The learned counsel further submitted that there is no reason for the First Informant to sit in the Applicant's car and it was not possible for the Applicant to undress the First Informant while driving the car and inserting finger in her private part. The Applicant is social worker, and requested to allow the Application. 4.
It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant took the victim in his car stating that he will drop her at the place where her friend was filling petrol in motorcycle but he sexually assaulted her by inserting finger in her private part. She was 17 years and five months old. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application.
5.
I have heard all learned counsel. Perused charge-sheet. 6.
In the FIR, it is mentioned that the Applicant took the First Informant in his car and by threatening her, undressed her and inserted finger in her private part. At the time of the incident, the victim was more than 17 years and five months old whereas the Applicant was 45 years old.
The victim states that the Applicant locked the door of car but it appears that the Applicant did not have any weapon to threaten the victim, and the learned counsel for the Applicant produced the Application given to higher authority of the police, making complaints against the Police in Manchar area. Whether this complaint is relevant to the alleged offence is part of the trial. Investigation is completed, charge-sheet is filed, victim was unknown to the Applicant.
7.
In view of above, I pass following order.
ORDER
(i) The Applicant be released on bail Crime No.0007 of 2026 registered with Manchar Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.
(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.
(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.
(iv) The Applicant shall attend the concerned Police Station as and when required.
(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)