Bombay High Court

PARDES DAGDU BHOSLEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

Bail was granted to the applicant with specific conditions.

Summary

The applicant, Pardes Dagdu Bhosle, was arrested for alleged penetrative sexual assault and related offences against his daughter, as alleged in Crime No. 0275 of 2026. The victim testified that she filed the FIR under pressure from her mother, claiming the father had been abusive towards the mother. The applicant contended he was falsely implicated and sought bail, while the State argued that the offences were heinous and bail should be denied. The Court noted the seriousness of the charges but observed that the investigation appeared substantially complete and that continued incarceration was unwarranted. Accordingly, the Court granted bail subject to stringent conditions, including regular police reporting, no contact with the victim or her mother, and a territorial restriction. The order emphasized that any breach would permit cancellation of bail.

Issues considered

Whether bail should be granted to an accused of penetrative sexual assault and related offences under the Bharatiya Nyaya Sanhita and Arms Act.
Whether the seriousness of the offences outweighs the applicant's right to liberty pending trial.

Legislation cited

Arms Act, 1959 — s. 25, 4
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 351(2), 351(3), 64(2)(f), 64(2)(m)

Subjects

bail
sexual assault
father-daughter crime
Bharatiya Nyaya Sanhita
Arms Act
serious offences
conditions of bail

Judgment

2026:BHC-AUG:23922
Dilwale 1 971-BA-1065-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

971 BAIL APPLICATION NO. 1065 OF 2026

Pardes Dagdu Bhosle
VERSUS
The State Of Maharashtra And Another
...
Advocate for Applicant : Mr. Parghane Madhukar M., C. S. Kale
APP for Respondents: Mr. S. V. Hange
Advocate for Respondent No.1 : Mr. Tupe Rajendra Gorakhanath
...

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17.06.2026

PER COURT :
1. Heard the learned counsel for the applicant and the learned APP

for the Respondent-State.

2. By this application, the applicant seeks his release on bail in

connection with Crime No. 0275 of 2026 registered with Police Station

Nava Mondha, Dist. Parbhani, for the offences punishable under Sections

64(2)(f), 64(2)(m), 115(2), 351(2) and 351(3) of the Bharatiya Nyaya

Sanhita, 2023 read with Sections 4 and 25 of the Arms Act, 1959.

3. The brief story of prosecution is that the victim girl who is daughter

of present applicant, went with applicant to bring clothes from their

house situated at Bori. Her father stopped motorcycle near a field, asked

the victim to drink alcohol and upon her refusal, beat her and threatened

her with scythe and committed penetrative sexual assault.
Dilwale 2 971-BA-1065-26.odt

4. The learned counsel for the applicant, Mr. Parghane, submits that

the applicant is in no way concerned with the present crime. According to

him, the prosecution story is false, concocted and imaginary, and the

applicant has been falsely implicated in the crime. He further submits

that the victim girl has filed an affidavit stating that she lodged the FIR

under the pressure of her mother. It is contended that her father used to

assault her mother and, in order to relieve her mother from his clutches,

she lodged the present FIR. It is further submitted that the crime has

been registered out of anger and vengeance against the applicant and

that he is behind bars without any justifiable cause. Therefore, he prays

to enlarge the accused on bail.

5. The learned APP strongly opposes the present bail application. He

submits that the applicant is the father of the victim girl and is alleged to

have committed sexual assault upon her. According to him, grant of bail

to such an applicant would have serious repercussions on society. He

further submits that the offences alleged against the applicant are

heinous in nature and are punishable with imprisonment exceeding seven

years. It is contended that, apart from committing penetrative sexual

assault, the applicant had also physically assaulted the victim by using

weapons. He, therefore, submits that the applicant does not deserve to be

enlarged on bail.

6. Having heard the learned counsel for the respective parties and

upon perusal of record, it is not disputed that the offence alleged is of
Dilwale 3 971-BA-1065-26.odt

serious nature and it involves penetrative sexual assault by father on his

own daughter. I have also perused affidavit filed by victim wherein she

has stated that she filed the present FIR due to continuous beating by her

father to her mother. To relieve her mother permanently from the

clutches of her father, she filed the present FIR. Considering this fact, I

am of the opinion that further incarceration of applicant is unwarranted

as investigation must have been substantially completed. By imposing

appropriate conditions, applicant can be enlarged on bail.

7. Hence, the following order :

ORDER

(i) The application is allowed.

(ii) The applicant – Pardes s/o Dagdu Bhosle shall be released on bail

in connection with Crime No. 0275 of 2026 registered with Nava Mondha

Parbhani Police Station, Parbhani,, on furnishing P.R. bond of Rs.15,000/-

and a solvent surety in the like amount to the satisfaction of the Trial

Court.

(iii) The release of the applicant shall be subject to the following
conditions :-
A) The applicant shall attend concerned police station every
Sunday at 10:00 am to 2:00 pm till the filing of chargesheet.
B) The applicant shall not in any manner whatsoever contact
victim or her mother till the conclusion of trial.
C) The applicant shall not enter the territorial jurisdiction of the
village where victim and her mother reside.
Dilwale 4 971-BA-1065-26.odt

D) The applicant shall not directly or indirectly make any
inducement, threat or promise to any prosecution witness and
shall not tamper with the prosecution evidence in any manner.

8. Needless to state that breach of any of the above conditions shall

entitle the prosecution to seek cancellation of bail.

9. The observations made herein are prima facie in nature and the

learned Trial Court shall not be influenced by the same while deciding

the case on its own merits.

10. The Bail Application stands disposed of accordingly.

11. Bail before the Trial Court.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE

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