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Bombay High Court

BANDU ALIAS JAYSINGH SHRIMANT WAREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The court held that, given the unexplained delay in the FIR, the late inclusion of the applicant in the investigation, and the completion of the charge‑sheet, bail should be granted with conditions.

Summary

The applicant, Bandu alias Jaysingh Shrimant Ware, sought regular bail for offences under Sections 64(2)(i) and 64(2)(k) of the Bharatiya Nyaya Sanhita, 2023 and Section 92 of the Right of Persons with Disabilities Act, arising from an alleged forced sexual intercourse on a speech‑ and hearing‑impaired woman. The FIR was lodged six to seven months after the alleged incident, and the applicant was named only later through a supplementary statement, raising concerns of false implication. The State opposed bail, citing the heinous nature of the crime and risk of evidence tampering. The Court noted the unexplained delay, the fact that the investigation was complete and a charge‑sheet filed, and found no justification for continued pre‑trial detention. It therefore granted bail with stringent conditions to safeguard the trial process.

Issues considered

  • Whether the applicant is entitled to regular bail despite the seriousness of the alleged sexual assault offences.
  • Whether the six‑to‑seven‑month delay in filing the FIR and the late naming of the applicant create sufficient doubt to warrant bail.
  • Whether the risk of tampering with evidence justifies denial of bail.

Legislation cited

Subjects

  • bail
  • sexual assault
  • delay in FIR
  • false implication
  • rights of disabled persons
  • criminal procedure
  • pre‑trial detention

Judgment

2026:BHC-AUG:1796



                                                                  934 BA No.2437.2025
                                                -1-

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           BAIL APPLICATION NO. 2437 OF 2025

                          BANDU ALIAS JAYSINGH SHRIMANT WARE
                                             VERSUS
                        THE STATE OF MAHARASHTRA AND ANOTHER
                                               ...
              Advocate for Applicant : Mr. Satej S. Jadhav i/b Mr. Atharva D.
              Khedkar
              APP for Respondents-State : Mr. P. P. Dawalkar
              Advocate for Applicant in Cri.Appln. : Mr. S. R. Andhale
                                               ***
                                        WITH
                         CRIMINAL APPLICATION NO. 196 OF 2026
                                   IN BA/2437/2025

                                               ***

                               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 21.06.2025 bearing Crime

              No. 685 of 2025 registered with Pathardi Police Station, Dist.

              Ahilyanagar for the offences punishable under Sections 64(2)(i)

              and 64(2)(k) of the Bharatiya Nyaya Sanhita, 2023 and Sections

              92 of the Right of Persons with Disabilities Act.



              2.          The complaint came to be lodged with an assertion that

              the complainant is the husband of the victim, who is his second
                                                         934 BA No.2437.2025
                                   -2-

wife and is speech and hearing impaired. Due to a medical

operation undergone by the complainant in December 2021, the

informant has been physically incapable of sexual intercourse.

Between April and May 2025 (approximately 6 to 7 months prior to

the FIR). Unknown assailant entered the agricultural land and

committed forceful sexual intercourse with the victim. The incident

came to light around October 2025, when the complainant noticed

the victim’s enlarged abdomen. Upon questioning, the victim

communicated the assault through signs and gestures. Subsequent

medical examination at Beed confirmed the victim was 25 weeks

pregnant. Consequently, the complainant lodged a complaint

against the unidentified perpetrator, leading to the registration of

the FIR.



3.         It   is   further   alleged   that   during     the    course    of

investigation, the supplementary statement of complainant                  was

recorded    implicating    the    applicant     as   the         perpetrator.

Consequently, the applicant was arrested on 17.09.2025 and

remained in Police Custody Remand until 23.09.2025. He was

subsequently transferred to magisterial custody and has remained

incarcerated since that date.
                                                          934 BA No.2437.2025
                                      -3-

4.              The learned counsel for the applicant submits that the

applicant is an innocent person and has not committed the alleged

offence. There is a significant delay of approximately 6 to 7 months

from the date of the alleged incident (April 2025) to the

registration of the FIR. The naming of the applicant duing the

course     of    investigation,   after     unexplained   silence,   indicates

possibility of false implication. The investigation is complete and

the charge-sheet is filed. The further incarceration of the applicant

is unjustified. As such, it is prayed that the application may be

allowed.



5.              The learned APP and learned counsel for respondent

No. 3 have vehemently opposed the application, submitting that

the applicant has committed a heinous crime of forceful sexual

intercourse under Section 64 of the BNS. The gravity of the

offence, involving the violation of a woman's modesty, disentitles

the applicant from claiming the bail. If the applicant is enlarged on

bail, there is every possibility of tampering with the prosecution

evidence. As such, prayed to reject the application.



6.              Considering the submissions of both the sides and

perusing the material on record, including the charge-sheet, there
                                                        934 BA No.2437.2025
                                    -4-

is a significant and unexplained delay of approximately six to seven

months in registering the FIR. While the victim’s speech and

hearing impairments are noted, the prosecution has failed to

provide a prima facie justification for the incident, allegedly

occurred in April 2025, was only reported in October 2025 once the

pregnancy became apparent. This delay prima facie creates a

substantial lacuna in the narrative, raising the possibility of over-

implication.



7.             Furthermore,   the   fact   that   the   FIR   was   initially

registered against an unknown person and the applicant was only

named much later via a supplementary statement on 17.09.2025,

prima facie weakens the case for continued pretrial detention.



8.             Apart from the aforesaid aspect, the investigation of

the case is complete and the charge-sheet is also filed. Nothing

remains to be recovered at the instance of applicant. Thus, no

fruitful purpose would be served by keeping the accused behind the

bar.



9.             Keeping in view the peculiar facts and circumstances of

the case, the applicant's right to liberty needs to be upheld by
                                                           934 BA No.2437.2025
                                       -5-

imposing stringent conditions. The learned APP's apprehension

about tampering with the prosecution evidence can be adequately

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

matter, the applicant deserves to be released on bail.



10.           Hence, following order is passed :-

                                    ORDER

       (I)      Application is allowed.


      (II)      Applicant – Bandu @ Jaysingh shrimant Ware 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. 685 of 2025 registered with Pathardi Police
                Station, Dist. Ahilyanagar for the offences punishable
                under Sections 64(2)(i) and 64(2)(k) of the Bharatiya
                Nyaya Sanhita, 2023 and Sections 92 of the Right of
                Persons     with    Disabilities   Act,    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   enter   into   the   village
                Bhalgaon,     Tq.    Pathardi,     Dist.   Ahmednagar,      till
                conclusion of trial.

             (c) The Applicant shall not pressurize the prosecution
                witnesses and shall not tamper with the prosecution
                                                        934 BA No.2437.2025
                                      -6-

                 evidence, in any manner.

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

              (e) 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.

     (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.


      (IV)       Resultantly,   the   criminal   application   also   stands
                 disposed of.



                                            (SACHIN S. DESHMUKH, J.)



Omkar Joshi


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