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Bombay High Court

SAGAR DATTATRAY SABALEversusSTATE OF MAHARASHTRA AND ORS

Disposal
Rejected

Holding

The Court denied bail, holding that the DNA evidence confirmed the accused's involvement and no sufficient ground existed to grant bail.

Summary

The applicant, Sagar Dattatray Sabale, applied for regular bail in a criminal case (CR No. 193/2025) alleging that he had forcibly committed sexual intercourse with a 12-year‑8‑month‑old girl, who later became pregnant and gave birth. The prosecution presented a complaint, medical examination confirming pregnancy, and a DNA report establishing the applicant as the biological father. The applicant contended that he was falsely implicated and that continued incarceration would be unjustified. The State and the third respondent opposed bail, emphasizing the seriousness of the offence under the Protection of Children from Sexual Offences Act and the corroborating DNA evidence. The Court, after reviewing the submissions and evidence, found that the DNA report substantiated the applicant's involvement and therefore saw no ground to exercise discretion in his favour, rejecting the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged sexual assault of a minor resulting in pregnancy, given the DNA evidence establishing paternity.

Legislation cited

Subjects

  • bail
  • sexual assault
  • child rape
  • DNA evidence
  • POCSO
  • criminal procedure
  • Bhartiya Nyaya Sanhita

Judgment

                                                                       919-BA-138-2026(CR).doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIRCUIT BENCH AT KOLHAPUR

                              CRIMINAL APPELLATE JURISDICTION
                          CRIMINAL BAIL APPLICATION NO. 138 OF 2026
                                         Sagar Dattatray Sabale
                                                VERSUS
                                     State Of Maharashtra And Ors

             Mr. Omkar Tole, Advocate for Applicant
             Mr. Nitin B. Patil, APP for the respondent-State
             Ms. Supriya B. Koli for respondent no. 3


                                                 CORAM :       SACHIN S. DESHMUKH, J.

                                                 DATE      :   18th APRIL, 2026.
             P. C. :

             1.        By this application, applicant is seeking regular bail in C.R.

             No. 193/2025 registered with Karmala Police Station, District

IRESH
MASHAL
             Solapur for offences punishable under Sections 65(1), 64(2)(m),
Digitally
signed by
IRESH
MASHAL
             332(b), 351(3) of Bhartiya Nyaya Sanhita, 2023 and Section 4 and
Date:
2026.04.20
18:27:02
+0530

             6 of Protection of Children from Sexual Offences Act, 2012.

             2.        Prosecution   case   is   that,     informant   lodged    complaint

             alleging therein that on 17/03/2025 at about 10:00 am her minor

             daughter complained of abdominal problem. Upon examination by

             doctor, it was disclosed that victim was pregnant. Upon enquiry the

             victim narrated that prior to four months, the applicant forcibly



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                                                     919-BA-138-2026(CR).doc


committed sexual intercourse with her.

3.       Learned counsel for the applicant submits that the applicant is

falsely involved in the case. Investigation is complete and charge-

sheet is filed. As such, further incarceration of the applicant would

be unjustified.

4.       Per contra, learned APP assisted by learned counsel for

respondent no. 3 opposed the application submitting that the

applicant has indulged in sexually assaulting the victim who is 12

years and 8 months and in the process, the victim has delivered the

child. The DNA report also confirms that the applicant is a biological

father of the child.

5.       Upon considering the submissions of learned counsel for the

applicant, learned APP and learned counsel for respondent no. 3,

and perusal of material on record indicates that applicant’s

involvement in the alleged incident is duly confirmed in the wake of

DNA report which confirms the applicant is biological father of the

child.

6.       In that view of the matter, no case is made out warranting

exercise of discretion in favour of the applicant.

7.       Resultantly, application stands rejected.



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                                                 919-BA-138-2026(CR).doc


8.      Professional fees to be paid to learned counsel appointed

through Legal Aid for respondent no. 3 as per Rules.



                                    [SACHIN S. DESHMUKH, J.]




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