Bombay High Court
AVDHUT MACHINDRA THOMBREversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- SHAILESH P BRAHME
Holding
The court granted bail to the accused, finding a prima facie case in his favour.
Summary
Avdhut Machindra Thombre applied for enlargement of bail in a case (Cr. No. 428/2025) alleging sexual assault of a neighbour on 11‑Nov‑2025, charged under Sections 333, 75 and 65 of the Bhartiya Nyaya Sanhita, 2023. The prosecution highlighted a statement recorded under Section 183 of the Bhartiya Nagarik Surakshya Sanhita and a medical report indicating force, while the defence pointed to delays in filing the FIR, inconsistencies in the spot‑panchanama and medical findings that suggested no force and condom use. The court examined the prima facie evidence, noting the lack of clear incriminating material and the inconsistencies, and concluded that the applicant enjoyed a prima facie case in his favour. Consequently, the bail application was allowed with a cash bond of Rs 30,000, a surety, and several conditions including non‑contact with witnesses and restriction from entering the victim’s village. The order disposes of the bail application.
Issues considered
- Whether the delay in lodging the FIR and inconsistencies in the medical report warrant denial of bail.
- Whether the statement under Section 183 of the Bhartiya Nagarik Surakshya Sanhita and the medical evidence establish a prima facie case against the accused.
- Whether the accused is entitled to bail pending trial for offences under Sections 333, 75 and 65 of the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nagarik Surakshya Sanhita — s. 183
- Bhartiya Nyaya Sanhita, 2023 — s. 333, 65, 75
Subjects
- bail
- sexual assault
- delay in FIR
- medical evidence
- spot panchanama
- prima facie case
- Bhartiya Nyaya Sanhita
- Bhartiya Nagarik Surakshya Sanhita
- conditions of bail
Judgment
2026:BHC-AUG:12698
1 916 ba 156.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 156 OF 2026
Avdhut Machindra Thombre,
Age : 41 Years, Occu. : Agril. & Business,
R/o Mandki, Lakhani, Tq. Vaijapur,
Dist. Chh. Sambhajinagar. .. Applicant
Versus
The State of Maharashtra .. Respondent
Shri R. N. Dhorde, Senior Advocate a/w Shri H. A. Shinde,
Advocate i/by Shri V. R. Dhorde, Advocate for the Applicant.
Shri G. O. Wattamwar, A.P.P. for the Respondent.
Shri Chaitanya Deshpande, Advocate h/f Shri Pradeep G.
Tambade, Advocate for the Intervenor/Informant.
CORAM : SHAILESH P. BRAHME, J.
DATE : 24TH MARCH, 2026.
FINAL ORDER :
. Heard both sides. Applicant is seeking enlargement on bail
in respect of offence bearing Cr. No. 428/2025 registered with
Shivur Police Station, Dist. Chh. Sambhajinagar for the offences
punishable U/Sec. 333, 75, 65 of the Bhartiya Nyaya Sanhita
(BNS), 2023.
2. It is alleged against the applicant that he sexually ravished
the informant on 11.11.2025 by tress passing house. He is stated
to be neighbour of the informant and was harassing her.
2 916 ba 156.26
3. Learned senior counsel Mr. Dhorde for the applicant
submits that there is delay in lodging the F. I. R. and medical
report does not corroborate the prosecution story. The spot
panchanama is totally inconsistent with the prosecution story as
well as medical report. There is strong prima facie case of false
implication as informant is major, married and having children.
4. Learned Assistant Public Prosecutor for the prosecution
would advert my attention to the statement recorded U/Sec. 183
of the Bhartiya Nagarik Surakshya Sanhita, which corroborates
the statement. He would advert my attention to medical report,
especially history narrated by the victim. It is submitted that
there is incriminating material against the applicant and he is
not entitled to be released on bail.
5. Learned counsel Mr. Chaitanya Deshpande for the victim –
informant additionally submits that the delay has already been
explained in the first information report. The ground of alibi,
which is tried to be pressed into service cannot be considered at
this stage.
6. Applicant is arrested on 14.11.2025. Charge sheet was
filed on 23.12.2025. Undisputedly, victim is of 30 years of age
and she has two children. I have gone through the column Nos.
15B to 15E and column Nos. 17 and 18 of the medico legal
examination report. Prima facie there is no force exerted by the
accused. The spot panchanama which is conducted on
3 916 ba 156.26
14.11.2025 discloses that it was narrated that condom was being
used for the act. First information report as well as medical
certificate which specifically refers this aspect of the matter is
inconsistent. There is prima facie case in favour of the applicant
and he is entitled to be released on bail.
7. It is informed by the learned senior counsel that applicant
is no more residing at village Mandki, Tq. Vaijapur. He has
shifted to Padegaon, Chhatrapati Sambhajinagar and has no
intention to return to his earlier village.
8. The purport of the statement U/Sec. 183 of the B. N. S. S.
and nicities of the medical report can be taken into account
during the course of the trial. The aspect of delay in lodging
F.I.R. need not be commented upon at this juncture.
9. For the reasons stated above I, pass following order.
ORDER
A. The bail application is allowed.
B. Applicant – Avdhut Machindra Thombre shall be released
on bail in respect of Cr. No. 428/2025 registered with Shivur
Police Station, Dist. Chh. Sambhajinagar for the offences
punishable U/Sec. 333, 75, 65 of the Bhartiya Nyaya Sanhita
(BNS), 2023 on condition of furnishing P. R. bond of Rs. 30,000/-
(Rs. Thirty thousands only) with one solvent surety of like
4 916 ba 156.26
amount.
C. The applicant shall not tamper with prosecution evidence
or contact with the prosecution witnesses.
D. He shall furnish his mobile/cell number and address to the
Investigating Officer.
E. Applicant shall not enter village Mandki, Tq. Vaijapur till
the conclusion of the trial.
F. Bail application is disposed of.
[ SHAILESH P. BRAHME J. ]
bsb/March 26
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