Bombay High Court
Musab Irfan NirbadkarversusThe State of Maharashtra
- Disposal
- Allowed
- Bench
- NITIN B SURYAWANSHI
Holding
Anticipatory bail is granted, releasing the applicant on personal bond with conditions, as DNA evidence excludes him as the father and custodial interrogation is deemed unnecessary.
Summary
The applicant, Musab Irfan Nirbadkar, sought anticipatory bail fearing arrest in a case involving alleged sexual intercourse with a 13‑year‑old girl, charged under sections of the Bharatiya Nyay Sanhita, 2023 and the POCSO Act, 2012. The prosecution alleged two forced sexual encounters, one in December 2024 and another later that month, leading to a pregnancy. DNA testing revealed that the applicant's DNA did not match the fetus, while the DNA of accused No.2 did match. The court held that, given the DNA results and the filing of a charge‑sheet, custodial interrogation of the applicant was unnecessary. Consequently, the anticipatory bail application was allowed, releasing the applicant on a personal bond of Rs.15,000 with one surety and imposing conditions not to enter the police jurisdiction or tamper with evidence.
Issues considered
- Whether anticipatory bail should be granted to the accused in light of DNA evidence disproving his paternity of the fetus.
- Whether custodial interrogation of the accused is necessary after the charge‑sheet and DNA results.
- Whether the provisions of the Bharatiya Nyay Sanhita and POCSO Act preclude the grant of bail in such sexual offence cases.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 64(2)(f), 64(2)(i), 64(2)(j), 64(2)(m)
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- anticipatory bail
- sexual offences
- minor
- DNA evidence
- Bharatiya Nyay Sanhita
- POCSO Act
- personal bond
- criminal procedure
Judgment
1 27-ABA-2327-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION. NO. 2327 OF 2025
MUSAB IRFAN NIRBADKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Yesh Fadtare a/w Mr. Vaibhav Halke a/w Mr. Sairaj Suryawanshi,
Advocate for Applicant
Smt. P. S. Rane, APP for the Respondent-State.
Mr. Sunil Kamble a/w Mr. Sandesh Kamble, Advocate for
Respondent No.2
...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 17th FEBRUARY, 2026
PER COURT :
1. Applicant apprehends arrest in C.R. No.13/2025,
registered with Mandangad Police Station, District Ratnagiri, for
offence punishable under Sections 64(2)(j), 64(2)(f), 64(2)(m),
64(2)(i) of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 6
of the Protection of Children from Sexual Offences Act, 2012.
2. Prosecution case, in short, is that the victim is minor of
13 years age and informant is her mother. In the month January,
2025 the victim missed her menstrual cycle, therefore, informant
along with her sister-in-law took her to the doctor for check-up. The
doctor after examining the victim informed that she is four months’
pregnant. When informant asked the victim about the same by
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taking her into confidence, she disclosed that in December, 2024
when she was returning home from her friend’s house applicant
took her to his house by holding her hand. At that time there was
no one in his house. Applicant committed sexual intercourse with
the victim forcibly. As the victim was afraid she did not disclose
about the said incident to anyone. Thereafter, in the same month
when victim had went to the house of applicant to give money to
the mother of applicant, applicant again committed sexual
intercourse with the victim forcibly.
3. By order dated 09/10/2025, interim protection was
granted to the applicant by recording statement of the applicant
that if DNA of applicant matches with the fetus of the victim, he will
withdraw the present application. Charge-sheet is filed in the
present crime on 07/01/2026. Learned APP fairly submits that the
DNA of applicant does not match with the fetus of victim and the
DNA of accused No.2 matches with the fetus of victim.
4. In view of the above, since the DNA of applicant does
not match with the fetus of victim and as the charge-sheet is filed,
custodial interrogation of applicant is not necessary in the facts of
the present case.
5. In the result, the application is allowed. In the event of
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arrest of applicant Musab Irfan Nirbadkar in connection with C.R.
No.13/2025, registered with Mandangad Police Station, District
Ratnagiri, applicant be released on executing personal bond of
Rs.15,000/- with one surety in the like amount.
6. Applicant shall not enter the jurisdiction of the
concerned police station till the trial is over. Applicant shall not
tamper with the prosecution evidence.
(NITIN B. SURYAWANSHI, J.)
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