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Bombay High Court

SUNIL UTTAM DHEREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
APPLICATION ALLOWED

Holding

The court held that, on a prima facie basis, the allegations of forcible abduction lack merit and the applicant is entitled to bail, subject to conditions.

Summary

Sunil Uttam Dhere was charged under several provisions of the Bhartiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012 for allegedly abducting and attempting to force a marriage with a 17‑year‑old girl. The victim’s statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita indicated that the relationship with the accused was consensual and that she left voluntarily, undermining the prosecution’s claim of forcible abduction. The applicant argued that the investigation was complete, the charge‑sheet filed, and that there was no coercion, seeking regular bail. The court examined the prima facie facts, noted the lack of evidence of force, the contemporaneous age of the parties, and the likelihood of a prolonged trial, concluding that bail could be granted with stringent conditions to prevent evidence tampering. Accordingly, the bail application was allowed subject to a cash bond and specific undertakings.

Issues considered

  • Whether the accused is entitled to bail despite charges under the Bhartiya Nyaya Sanhita and POCSO Act
  • Whether there is a substantial risk of tampering with evidence or influencing witnesses
  • Whether the seriousness of the alleged offences justifies denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • consent
  • minor
  • abduction
  • evidence tampering
  • liberty
  • POCSO

Judgment

2026:BHC-AUG:1792



                                                               931 BA No.2406.2025
                                              -1-

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          BAIL APPLICATION NO. 2406 OF 2025

                                   SUNIL UTTAM DHERE
                                        VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                              ***
              Advocate for Applicant : Mr. D. P. Munde
              APP for Respondents-State : Mr. B. B. Bhise
              Advocate for Respondent No. 3 : Mr. S. B. Kendre
                                             ***

                              CORAM : SACHIN S. DESHMUKH, J.
                                 Date : 17th January, 2026

              ORDER :-


              1.         The applicant has approached this Court seeking

              regular bail in connection with FIR dated 11.07.2025 bearing Crime

              No. 208 of 2025 registered with Loha Police Station, Dist. Nanded

              for the offences punishable under Sections 137(2), 87, 78, 64(1),

              49, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 and

              12 of the Protection of Children from Sexual Offences Act, 2012.



              2.         The prosecution case is that the that the informant

              resides with her daughters, including the 17-year-old victim. The

              victim, who was residing in Nanded prosecuting her education,

              informed the informant in June 2025 that the accused, a relative,

              had been frequently visiting her room and college to pressure her
                                                 931 BA No.2406.2025
                                -2-

into marriage. Consequently, the victim was called back to her

home. The informant and her husband confronted the accused and

his mother regarding this behavior. Approximately eight days prior

to the incident, the accused and his mother visited the informant’s

residence to formally demand the victim's marriage; however, the

family refused the proposal as the accused was already married.

On 09.07.2025, at approximately 22:45 hours, the accused forcibly

entered the informant's house and abducted the minor victim on a

motorcycle. Accordingly, the FIR came to be registered.



3.         The learned counsel for the applicant submits that

applicant and victim were in love relation and the same is apparent

from the record and charge-sheet. However, because the family

members of the victim are opposing the same, the applicant has

been falsely implicated in this case. He further submitted that

victim and applicant is having material match in age and the victim

was well aware of consequences of her acts and deeds. As the

investigation is complete, the charge-sheet has been filed, and

nothing further remains to be recovered from the applicant, it is

prayed that the applicant be admitted to bail.



4.         The learned APP for the State and the learned counsel
                                                    931 BA No.2406.2025
                                  -3-

appointed on behalf of respondent No. 3 vehemently opposed the

application, submitting that the applicant is indulged in serious

offenses. The conduct of applicant disentitles from claiming bail.

Considering the serious nature of these offenses, it is contended

that the applicant's release on bail would create a significant risk of

tampering with evidence. Consequently, the APP and the learned

counsel for respondent No. 2 pray for the application to be

rejected.



5.          Upon considering the submissions of both sides and

perusing the material on record, including the charge-sheet, it is

prima facie evident that the victim was in a relationship. A perusal

of the victim's statement, recorded under Section 183 of the

Bharatiya Nagarik Suraksha Sanhita (BNSS), reveals that the

applicant never exercised force or coercion. The victim explicitly

stated that she has been in a consensual love relationship with the

applicant for the past year. This version, prima facie, undermines

the prosecution's allegation of forcible abduction and indicates that

victim’s departure on 09.07.2025 was a voluntary act.



6.          Moreover,    the   applicant   and   the   victim   are   of

contemporaneous age. Thus, prima facie, the factual matrix those
                                                      931 BA No.2406.2025
                                 -4-

are emerging does not reflect any active inducement or coercive

conduct on the part of the accused. The arrest of the applicant has

been effected on 18.07.2025 and since then, he is in judicial

custody.



7.          Apart from the aforesaid aspect, the investigation is

complete for all intent and purpose, resultantly, the charge-sheet is

filed. Having regard to the number the witnesses, which the

prosecution proposes to examine, it is very unlikely that the trial

can be commenced and concluded within a reasonable period. As

such, further incarceration of the application as an under-trial

prisoner, in the circumstances of the case, does not seem to be

either warranted or justified. I am, therefore, persuaded to

exercise the discretion in favour of the applicant.



8.          Keeping in view the peculiar facts and circumstances of

the case, the applicant's right to liberty needs to be upheld by

imposing stringent conditions. The learned APP's apprehension

about tampering with the prosecution evidence can be adequately

taken care of by imposing certain stringent conditions. In that view

of the matter, the applicant deserves to be released on bail.
                                                    931 BA No.2406.2025
                                 -5-

9.          Resultantly, following order is passed :-

                               ORDER

     (I)      Application is allowed.


     (II)     Applicant – Sunil Uttam Dhere be released on regular
              bail on furnishing P.R. bond of Rs. 50,000/- (Fifty
              Thousand Only) with one or two local solvent sureties
              in the like amount, in connection with Crime No. 208
              of 2025 registered with Loha Police Station, Dist.
              Nanded for the offences punishable under Sections
              137(2), 87, 78, 64(1), 49, 3(5) of the Bhartiya Nyaya
              Sanhita, 2023 and Sections 4 and 12 of the Protection
              of Children from Sexual Offences Act, 2012, on the
              following conditions :-


        (a) The applicant shall attend each and every date of the
              Trial Court, unless exempted by the Trial Court.


        (b) The Applicant shall not pressurize the prosecution
              witnesses and shall not tamper with the prosecution
              evidence, in any manner.


           (c) The applicant shall submit his Aadhar or Pan Card to
              the Investigation Officer and detailed addresses and
              phone numbers of applicant and two of the near
              relatives.


        (d) In case of breach of any of the conditions by the
              applicant, it is open for the Prosecution to move this
              Court seeking cancellation of bail.
                                                   931 BA No.2406.2025
                                 -6-

     (III)    Needless to states that the observations rendered
              herein are to the extent of this application and the
              trial court shall not be influenced by the same.




                                       (SACHIN S. DESHMUKH, J.)



Omkar Joshi


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