[Cites 10, Cited by 0]
Bombay High Court
Jamnalal S/O Devilal Gadwal vs State Of Maharashtra Thr Police Station ... on 6 March, 2026
2026:BHC-NAG:3777
1 35 cr. appeal 22.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 22/2026
Jamnalal S/o Devilal Gadwal Vs. State of Maharashtra and Anr.
.................................................................................................................................. .
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
or directions and Registrar's orders
...................................................................................................................................................
Mr. P. S.Jaiswal, Advocate for the Appellant.
Ms. S.S.Dhote, APP for Respondent no.1/State.
Ms. Preeti S.Gwalani, Advocate (Appointed) for Respondent No.2.
CORAM : NEERAJ P. DHOTE, J.
DATED : 06.03.2026
1. Admit.
2. This is an Appeal under Section 14-A of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short, 'SC and ST Act') as the Regular
Bail Application of the Appellant filed before the Trial Court came
to be rejected by order dated 3 rd November, 2025. The Appellant
is one of the Accused in Crime No.368/2025 registered with the
Wathoda Police Station, District Nagpur, for offences punishable
under Sections 137(2), 87, 64(2), 143(4), 3 (5) of the Bharatiya
Nyaya Sanhita 2023 (for short, "BNS"), under Sections 4, 6, 8, 12
of the Protection of Children from Sexual Offences Act, 2012
(for short,`POCSO Act') and under Sections 3(1)(w)(i)(ii), 3(2)
(v) & 3(2)(va) of the SC and ST Act and under Section 10 of the
Prohibition of Child Marriage Act, 2006.
3. Heard the learned Advocate for the Appellant,
Learned A.P.P. for the State and learned Advocate for respondent
No.2. With their assistance, perused the papers on the record.
4. The prosecution's case as mentioned in the
impugned order is reproduced below:-
2 35 cr. appeal 22.2026.odt
"FIR dated 27/07/2025 alleges that, victim, aged about
17 years belongs to 'Mahar', a Scheduled caste. Accused
No.1 Roma Patil and victim were knowing to each other
from last 5 to 6 years. The accused No.1 told the victim
whether she would do work. The victim enquired with
her the nature of work, then she told her that she would
require to reside for five days for which she would get
money. The Accused No.1 brought the victim at hospital
Bhavani, there she introduced her to the accused No.2
Jamnalal, accused No.3 Sachin and wife of accused
No.2. Said accused told the victim that her marriage
would be solemnized at Rajasthan, where she would
require to reside with the bridegroom for five days and
in return, she would get a lot of money. The victim told
them that she is a minor and belongs to Mahar caste,
then they replied that it would not make any difference.
Thereafter, accused No.5. Golu and his father came
there. On 21-07-2025, the accused No.2, his wife,
accused No.5 Golu, his father, and accused No.7 Rahul
brought the victim at Rajasthan. On 22-07-2025 they
solemnized the marriage of victim with accused No.5
Golu by exchanging garlands. Thereafter, accused No.2,
his wife went away from there. Accused No.5 Golu
committed sexual intercourse with the victim for several
times. The victim called his friend Firoz, then the mother
of victim came there. The mother of victim brought the
police, thereafter only the victim was rescued. The
mother of victim reported the incident to Wathoda police
3 35 cr. appeal 22.2026.odt
station, consequently, the Crime No.368/2025, came to
be registered against the accused".
5. The above referred Crime is registered on the report
lodged by mother of the Victim. The Victim's age is shown as
17 years. The Statement of the Victim show that on 20 th July,
2025, she was lured with handsome returns by the Co-Accused
and she was asked to come at the particular spot on the next
date. Accordingly, the Victim reached there and she along with
others boarded the vehicle in which the Appellant was present.
They all went to the Rajasthan, where the Victim was married to
the Co-Accused. The Victim's statement indicate that, she did not
give the real reason to her mother while leaving the house.
Except the allegations that, the Appellant was also present in the
Jeep, the only role attributed to the Appellant as seen from the
Victim's statement is that, the Appellant was one of the members
in the jeep in which the Victim travelled to Rajasthan. The
investigation is complete and the Charge-sheet is submitted. As
regards the antecedent that, four similar Crimes were registered
against the Appellant with different Police Stations, the papers
show that the Appellant is acquitted in one of the said Crimes. In
the light of these facts of the case, the applicant can be enlarged
on bail by imposing appropriate conditions. Hence, the following
order:-
ORDER
a] The Appeal is allowed.
b] The impugned order dated 3rd November, 2025
passed by the learned Additional Sessions Judge-13
and Special Judge, is hereby quashed and set aside.
c] The Appellant - Jamnalal s/o Devilal Gadwal shall
be released on bail in connection with Crime
4 35 cr. appeal 22.2026.odt
No.368/2025 for the offences punishable under
Sections 137(2), 87, 64(2), 143(4), 3(5) of the
Bharatiya Nyaya Sanhita, 2023 under Sections 4, 6,
8, 12 of the Protection of Children from Sexual
Offences Act, 2012 and under Sections 3(1) (w)
(i) (ii), 3(2)(v) & 3(2)(va) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 and under Section 10 of the Prohibition
of Child Marriage Act, 2006 on executing P.R. Bond
of Rs.Fifty thousand) (Rs.50,000/-) with one or two
sureties in the like amount.
d] The Appellant shall not in any way tamper with the
prosecution evidence.
e] The Appellant shall attend the concerned Police
Station once in a month on the last Monday of
every month between 5.00 p.m. to 6.00 p.m.,until
further orders.
f] The Appellant shall co-operate with the learned
Trial Court in the expeditious disposal of the case.
g] The fees of the appointed Advocate for the
respondent No.2 - Victim is quantified at Rs.7500/-.
The Criminal Appeal is disposed of.
(NEERAJ P. DHOTE, J.)
mukund ambulkar
Signed by: Ambulkar (MLA)
Designation: PS To Honourable Judge
Date: 06/03/2026 20:01:29
