Bombay High Court
NITIN ASHOK SONAWANEversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail was granted to the applicant on a bond of Rs.30,000 with conditions.
Summary
The applicant, Nitin Ashok Sonawane, sought regular bail for offences under IPC Sections 354 and 506 and POCSO Act Sections 8 and 12, alleging he outraged the modesty of three daughters of the first informant. He had been in custody for more than three months, the investigation was completed and a charge sheet filed, and he had no prior criminal antecedents. The prosecution argued that the applicant might file a false complaint under the SC/ST (Prevention of Atrocities) Act if released. The Court considered the completed investigation, lack of antecedents, and the risk of tampering, and granted bail on a bond of Rs.30,000 with sureties and specific conditions restricting his movement and contact with witnesses. The order emphasized that the bail grant does not prejudice the trial court’s eventual decision on the merits.
Issues considered
- Whether bail should be granted for offences under IPC Sections 354 and 506 and POCSO Act Sections 8 and 12 after more than three months of pre‑trial detention.
- Whether the allegation of a false complaint under the SC/ST (Prevention of Atrocities) Act impacts the grant of bail.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
Subjects
- bail
- IPC Section 354
- IPC Section 506
- POCSO Act
- sexual offences
- SC/ST Act
- false complaint
- pre‑trial detention
- conditions of bail
Judgment
11-BA-240-2026.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 240 OF 2026
Nitin Ashok Sonawane … Applicant/s
Versus
The State of Maharashtra and Anr. … Respondent/s
_________________________________________________________________
Mr. Aniket Nikam along with Ms. Abhilasha Pawar and Mr. Sumit Patil,
Advocate for the Applicant.
Mr. S. S. Pednekar, APP for Respondent No.1-State.
Mr. Amol A. Shinde, Advocate for Respondent No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 555 of 2025 registered with Panchavati Police Station, District
Nashik, for the offences punishable under Sections 354 and 506 of the
Indian Penal Code 1860 and Sections 8 and 12 of Protection of Children
from Sexual Offences Act, 2012.
2. It is prosecution’s case that the applicant outraged the modesty
of three daughters of the first informant.
3. It is contention of learned counsel for the applicant that the
Digitally applicant is behind bars for more than three months. The investigation is
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM
completed and charge sheet has been filed. The applicant has no
Date:
2026.03.06
18:30:48
+0530
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11-BA-240-2026.doc
Shubhada S Kadam
antecedents. One of the victims is married with the applicant and she is
staying with the applicant. Hence requested to allow the application.
4. It is contention of learned APP along with learned counsel for
Respondent No. 2, that the father of the applicant has filed false complaint
under the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against the first informant and her entire family
members to counter the present FIR. If the applicant is released on bail, he
may file false complaint against the first informant and her family
members and requested to reject the application.
5. I have heard all learned counsel, perused charge sheet and
documents produced on record. The allegations against the applicant are
of outraging modesty of daughters of the first informant. The applicant is
behind bars for more than three months. The investigation is completed
and charge sheet has been filed. The applicant has no antecedents.
Considering these facts I pass the following order:
ORDER
(i) The applicant be enlarged on bail in Crime No. 555 of 2025
registered with Panchavati Police Station, District Nashik, on
executing P.R.Bond in the sum of Rs.30,000/- with one or two
sureties in the like amount.
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11-BA-240-2026.doc
Shubhada S Kadam
(ii) The applicant shall attend the concerned police station as and
when required.
(iii) The applicant shall not enter the jurisdiction of Panchavati
Police Station till recording of evidence of the first informant
and vicitms, except for attending the court dates.
(iv) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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