[Cites 4, Cited by 0]
Bombay High Court
Vijay Janardhan Konde vs The State Of Maharashtra And Anr on 10 March, 2026
2026:BHC-AS:11740 12-BA-2977-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2977 OF 2025
Mr. Vijay Janardhan Konde ...Applicant
Versus
The State of Maharashtra Through Shivajinagar ...Respondents
Police Station, Ambernath And Anr.
Mr. Tanvir Shaikh, for the Applicant.
Ms. R. V. Newton, APP, for the Respondent - State.
Mr. Abdul Rahim Bukhari, for the Respondent No.2.
Mr. N. B. Gaikwad, PSI, Shivajinagar Police Station, Ambernath,
Dist. Thane, is present.
CORAM: R. M. JOSHI, J.
DATED: 10th MARCH, 2026
PC:-
1. This application is for enlargement of Applicant on bail in
connection with Crime No. 321/2025 registered with the
Shivajinagar Police Station, Ambernath, for the offences
punishable under Sections 4, 6 and 10 of Protection of Children
from Sexual Offences Act, 2012 ( for short "POCSO Act").
2. First Information Report is lodged by the mother of the
victim, who is 11 years old boy. He informs to his mother
about the occurrence of the incident on 21 st April, 2025 stating
that the applicant has committed anal intercourse with him and
also threatened him not to disclose the incident to any one.
The said information was lodged on 21.04.2025. Offence came
Page 1 of 4
th
10 March, 2026
::: Uploaded on - 10/03/2026 ::: Downloaded on - 10/03/2026 21:21:09 :::
12-BA-2977-2025.DOC
to be registered against the Applicant. Victim was sent for
medical examination. His statement was recorded under Section
183 of BNSS, 2023. On completion of investigation, chargesheet
is filed.
3. Learned Counsel for the Applicant submits that the
statement of victim is not consistent and it does not get support
from the medical evidence. In this regard reference is made to
the history given to the medical officer claiming that, on seven
occasions such incident has occurred. Whereas the First
information Report indicates the occurrence of the incident
once. It is his submission that there are material inconsistencies
in the statements of the victim. According to him in such
circumstances the Court is required to consider the
corroboration by other evidence on record which is absent in
this case. Applicant claims to have no criminal history against
him. As the trial is not likely to get over within the reasonable
period of time, he seeks bail.
4. Learned APP and learned Counsel for the Respondent
No.2 opposed the application. It is their contention that sole
statement of the victim would be sufficient to prove the guilt of
the applicant/accused. It is their contention that there is nothing
brought on record by the applicant in order to show his false
implication in the crime. It is further argued that the statement
recorded under Section 183 of BNSS also supports First
Information Report. Learned Counsel for the Respondent No.2
has apprehension of pressurizing the witnesses as the Applicant
Page 2 of 4
th
10 March, 2026
::: Uploaded on - 10/03/2026 ::: Downloaded on - 10/03/2026 21:21:09 :::
12-BA-2977-2025.DOC
is neighbour of the informant. In response of this submission
learned Counsel for the applicant on instructions, make
statement that applicant will not enter to the jurisdiction of
Shivajinagar Police Station, Ambernath, Dist. Thane, till trial
gets over.
5. There can not be a dispute about the fact that in case of a
sexual assault, the statement of the victim would be given due
weightage. However at the same time if material
inconsistencies are found in his/her statements at different point
of time, the same cannot be simply ignored. Prima facie this
Court finds substance in the contention of the Counsel for the
Applicant that there are material inconsistencies in the
statements of the victim recorded at the different stages of
investigation.
6. In this backdrop, prima facie there is no medical evidence
to indicate occurrence of such incident. Apparently even
tentative opinion has not been expressed by the medical officer
with regard to the possibility of sexual assault. Having regard to
these facts, when the trial is not likely to get over in a short
period of time, this is a fit case for enlargement of the Applicant
on bail. He has no criminal history. He has not likely to flee from
justice. Voluntary statement made by the Applicant with regard
to the staying away from the jurisdiction of the Shivajinagar
Police Station, Ambernath, Dist. Thane, will take care of the
apprehension of the prosecution and Respondent No.2 victim.
Hence, order.
Page 3 of 4
th
10 March, 2026
::: Uploaded on - 10/03/2026 ::: Downloaded on - 10/03/2026 21:21:09 :::
12-BA-2977-2025.DOC
ORDER
i) Criminal Bail Application stands allowed in
connection with the Crime No. 321/2025
registered with the Shivajinagar Police
Station, Ambernath for the offences
punishable under Sections 4, 6 and 10 of
Protection of Children from Sexual Offences
Act, 2012.
ii) The Applicant be enlarged on bail, on
furnishing P. R. Bond of Rs.15,000/- with one
surety in the like amount till the satisfaction of
the Trial Court.
iii) The Applicant shall not enter the jurisdiction
of the Shivajinagar Police Station, Ambernath,
Dist. Thane, till conclusion of trial.
iv) The appellant shall not contact victim or any
witness in any manner whatsoever.
v) Applicant to attend all dates of hearing before
the Trail Court unless his presence is exempted
by passing specific order.
vi) Any breach of the above condition shall result
forthwith in cancellation of bail.
7. The application is allowed in aforesaid terms and is
accordingly disposed of.
8. All concerned to act upon the authenticated copy of this
order.
(R. M. JOSHI, J.)
VDMokal/-
th
10 March, 2026
