[Cites 2, Cited by 0]
Bombay High Court
Sandip Jaywant Khandare vs State Of Maharashtra Thr Pso. Arni Tq ... on 3 February, 2026
2026:BHC-NAG:1740
Order 030226ba1099.25
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [BA] NO. 1099 OF 2025.
Sandip Jaywant Khandare
-VERSUS-
State of Maharashtra and another.
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri Y.K. Dhande, Advocate for the Applicant.
Shri A. Mate, A.P.P. for Non-applicant No.1/State.
Ms K. Shekhar, Advocate (Appointed) for Non-applicant No.2.
CORAM : M.M. NERLIKAR, J.
DATE : FEBRUARY 03, 2026.
Heard.
2. The applicant came to be arrested on 21.06.2025 in
connection with Crime No.460/2025 registered with Arni
Police Station, District Yavatmal for the offence punishable
under Sections 64, 69 of the Bhartiya Nyaya Sanhita, 2023
(BNS) and Sections 4 and 6 of the Protection of Children from
Sexual Offences Act, 2012. Charge sheet is filed and Section
115[2] of the BNS came to be added.
3. The first information report is lodged by the minor
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victim alleging that she was taking education in 12 th standard
in Shinde College, Arni. She came to be acquainted with the
applicant in 2023, she was knowing that he is married person
and is running his clinic. It is alleged that on the pretext of
marrying the victim, the applicant had sexual intercourse with
her on multiple occasions. On 10.07.2024, when the victim
was pursuing her studies at Nanded, the applicant came there
and had sexual intercourse with her, this act was committed
thereafter also. In March and June 2025, also the applicant
committed the said act and also assaulted the victim, and later
on refused to marry her. Therefore, the first information report
came to be filed.
4. The learned Counsel for the applicant submits that
the act of sexual intercourse is with the consent of the victim,
though she is minor i.e. 17 years and 7 months of age, however,
is of understandable age. Her statement recorded under
Section 183 of the BNSS would reveal that she was attracted
towards the present applicant, and therefore, with her consent,
the sexual act was done. Lastly it is submitted that considering
the fact that investigation is over, charge sheet is filed, the
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applicant be released on bail on such conditions as this Court
deems fit.
5. The learned A.P.P. and the learned Counsel
appearing for non-applicants vehemently opposed the
application on the ground that since 2024 when the victim was
just 16 years of age, the applicant has been committing rape on
her. They submit that under false promise of marriage, he has
committed the offence, since the applicant is a married person
and since inception he was not having any intention to marry
the victim, still he promised to marry and under that pretext
has committed sexual intercourse. It is submitted that
considering the age of the victim and there is ample evidence
against the applicant in the nature of Section 183 statement
and further the act of assault and rape, wherein certain injuries
are inflicted on the victim is sufficient to reject his application
for bail.
6. After hearing the parties concerned, it appears that
admittedly the applicant is a Doctor and a married person. At
the time of first incident, the victim was 16 years and 6
months of age. Admittedly it appears that the applicant has
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committed sexual intercourse with the informant under false
promise of marriage, however, the fact remains that the
applicant is a married person, still she continued her relations
with him. Further when she was at Nanded for education
purpose, there also the applicant went there, they both had
sexual intercourse. Further, even after coming back from
Nanded, repeatedly there was sexual intercourse between the
applicant and the victim. Therefore, considering the fact that
the investigation is over, charge sheet is filed and the applicant
is behind bar since last 7 months, I am inclined to grant bail to
the applicant. Hence, the following order.
ORDER
(i) Criminal Application is allowed and disposed
of.
(ii) The applicant /accused Sandip Jaywant
Khandare be released on regular bail in
connection with Crime No.460/2025 registered
with Aarni Police Station, District Yavatmal for
the offence punishable under Sections 64, 69,
115[2] of the Bhartiya Nyaya Sanhita, 2023
(BNS) and Sections 4 and 6 of the Protection of
Children from Sexual Offences Act, 2012 on
his furnishing P.R. Bond of Rs.50,000/- with
two sureties in the like amount.
(iii) The accused shall not enter within the
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territorial jurisdiction where the informant is
residing, till the completion of the trial.
(iv) The applicant/accused shall directly or
indirectly not try to contact the informant.
(v) The accused shall not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case, as
also shall not tamper with the evidence.
(vi) The accused shall provide his residential address
and cell number to Police Station concerned
and shall not change his place of residence
without prior intimation to the Investigating
Agency.
(vii) The accused shall attend each and every date of
trial regularly. Failure on his part to attend the
trial for two consecutive dates, or to comply
with the aforesaid conditions, his default would
entail the State to ask for cancellation of bail.
(viii) The above observations are prima facie in
nature, and restricted for the purpose of
deciding this application. The Trial Court shall
not get itself influenced by said observations,
during the course of trial.
(ix) Misc. Applications, if any, are also disposed of.
(x) Fees of the appointed Counsel be quantified
and paid as per Rules.
JUDGE
Signed by: R.G. Dhuriya (RGD)
Designation:Rgd.
PS To Honourable Judge
Date: 03/02/2026 18:32:54
