[Cites 2, Cited by 0]
Bombay High Court
Abhay S/O Mukund Sahare vs State Of Maharashtra And Other on 30 January, 2026
2026:BHC-NAG:1528
1 28-Cr.BA-1365-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [B.A.] NO. 1365 OF 2025
Abhay S/o Mukund Sahare
-- VERSUS --
State of Maharashtra and Another
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. A.C. Jaltare, Advocate for the Applicant.
Mr. V.A. Thakre, A.P.P. for the Non-applicant No.1/State.
Mr. S.G. Deshpande, Advocate for the Non-applicant No.2.
CORAM : M.M. NERLIKAR, J.
DATE : JANUARY 30, 2026.
Heard.
2. The present application is filed seeking
regular bail in Crime No.73/2025 for the offence
punishable under Section 64(2)(i) of the Bharatiya
Nyaya Sanhita, 2023, (BNS), and Sections 4 and 6 of
the Protection of Children from Sexual Offences Act,
2012, (POCSO), registered with Police Station
Purada, District Gadchiroli.
3. On 25/07/2025, the minor victim, aged
about 16 years, residing at Taluka Armori, District
Gadchiroli, and presently studying in Class XI at the
Adivasi Ashram School, Mangrul, Taluka Umred, was
taken for routine medical examination, during which
her pregnancy was confirmed. Upon inquiry by the
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police, the victim stated that she used to visit the
house of her relative residing adjacent to her house
during summer vacation after completion of her Class
X examination. One day when her aunt was not in
the house the applicant came to her aunt's house to
ask for money. When she said that her aunt is not at
home, he came and sat in the house at that time she
was alone as her younger sister had gone home to eat
lunch. When the victim also started going home for
lunch, the applicant forcefully took the victim in
kitchen and committed rape on her. He further asked
her not to disclose the incident and gave Rs.1,000/-
which she refused. However, she got frightened and
did not inform about the incident. Based on this
information, F.I.R. came to be registered.
4. The learned counsel appearing for the
applicant submits that the victim was aged 16 years
at the time of incident and it was a consensual act.
He further submits that when she was admitted in
Adivasi Ashram Shikshan School, at that time before
admission, medical test was conducted, wherein it
was found that the victim was pregnant, and
accordingly, the School Authority has informed the
police, and thereupon enquiry was made, wherein
she has disclosed that the present applicant has
committed sexual intercourse with her. Accordingly,
F.I.R. was registered.
3 28-Cr.BA-1365-2025
5. The learned counsel appearing for the
applicant further submits that no force was used. On
the contrary, it was a consensual act. He further
submits that the victim is of 16 years of age and the
applicant is of 20 years of age. The relationship
developed between them was out of love affair.
Considering the material on record, it is very difficult
to say that the applicant has committed rape on the
victim, and therefore, he submits that he may be
granted bail. He further submits that the applicant is
in jail since 30th July, 2025 and as investigation is
over, charge-sheet is filed no purpose would be
served by keeping the applicant behind bar.
6. On the other hand, the learned A.P.P.
opposes the application by submitting that the victim
is residing in remote and tribal area. At the time of
her admission in the Ashram School, it was noticed
during her medical examination that she was
pregnant, and accordingly, the Police enquired with
her, and she disclosed the name of the present
applicant. He further submits that the applicant is
tractor driver and when he has gone to the house of
victim's aunt to collect amount for the work done in
the field, at that time, he found that the victim was
alone, and accordingly, he has committed rape. He
further submits that considering the age of the victim,
the present applicant does not deserve bail.
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7. The counsel appearing for the non-
applicant No.2 - victim by filing affidavit-in-reply
submits that the victim has no objection to grant bail.
There was misunderstanding due to which allegations
were made, and therefore, he submits that the bail
application may be allowed.
8. I have heard the learned counsel for the
applicant and the learned counsel for the respondent.
Admittedly, the victim is of 16 years of age and the
applicant is of 20 years of age. It is alleged that the
applicant had forceful sexual intercourse with the
victim. However, it could be gathered that she did not
disclose the incident to anyone immediately, however,
for the first time on 25/07/2025, when her medical
examination was conducted at the time of taking
admission in Adivasi Ashram School it was found that
she was pregnant. Therefore, considering the nature
of allegations and further the victim has no objection
to grant bail, I am inclined to grant bail.
9. The observations of this Court are prima
facie in nature. The Trial Court shall not be
influenced by the observations of this Court and the
observations are restricted to this bail application
only. Hence, the following order:-
ORDER
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(i) The Criminal Application is
allowed;
(ii) The applicant/accused (Abhay
S/o Mukund Sahare) be released on regular bail
in connection with Crime No.73/2025 registered
with Police Station Purada, District Gadchiroli,
for the offence punishable under Section 64(2)
(i) of the Bharatiya Nyaya Sanhita, 2023, (BNS),
and Sections 4 and 6 of the Protection of
Children from Sexual Offences Act, 2012,
(POCSO), on his furnishing a P.R. bond of
Rs.25,000/- (Twenty Five Thousand Rupees)
with one solvent surety in the like amount;
(iii) 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;
(iv) 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;
(v) The accused shall attend each and
every date of trial regularly. If he fails to attend
the trial for two consecutive dates, or fails to
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comply with the aforesaid conditions, his default
would entail the State to ask for cancellation of
bail;
(vi) Pending Misc. Application(s), if
any, also stand disposed of.
[ M.M. NERLIKAR, J ]
Piyush Mahajan
