SAURABH TARACHAND GAIKWADversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:5339
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                               BAIL APPLICATION NO. 2471 OF 2025

                                 SAURABH TARACHAND GAIKWAD
                                              VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                 ...
                     Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar,
                                              Mr. Sagar P. Mahale
                           APP for Respondent No.1 : Mr. D. B. Bhange
                       Advocate for Respondent No.2 : Mr. Govind B. Chate
                                                 ...

                                          CORAM :        SACHIN S. DESHMUKH, J.
                                          DATE       :   06-02-2026
                PER COURT:-

                1.    The applicant seeks bail in connection with Crime No.I-401

                of 2025 for the offence punishable Under Sections 137(2), 65(1),

                64(2)(f)(i)(m), 85, 87, 107, 212, 238-B of Bhartiya Nyaya Sanhita,

                2023, Sections 4, 6, 8 and 12 of the Protection of Children from

                Sexual Offences Act, 2012 (POCSO Act) and Sections 9 and 10 of

                Prevention of Child Marriage Act. In the said crime, the applicant

                was arrested on 17.08.2025.


                2.   The prosecution case is that the informant, who resides with

                his family reported that his first wife was living separately since

                2016; with two children. On 09.04.2023, the applicant eloped with

                the victim, who was at the relevant time 13 years and 5 months

                old. Upon their return that evening, the informant discovered the
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pair had married in a temple and subsequently evicted them from

his home.      The couple then relocated to Malunja. However, the

applicant allegedly began subjecting the victim to cruelty over

domestic issues and an unlawful demand of Rs. 5,00,000/- for the

purchase of a new tractor. The informant was unable to meet this

demand, the harassment intensified. During this period, the victim

conceived and delivered a child on 24.09.2024. On 11.08.2025,

the victim visited the informant for the Rakshabandhan festival,

where she disclosed the physical and mental cruelty she was

enduring. Despite the informant’s attempts to reason with him, the

applicant took the victim back to Malunja by motorcycle. Later that

day, the informant received a phone call stating that the victim

had committed suicide by hanging. Although she was rushed to

Sakhar Kamgar Hospital, she was pronounced dead upon arrival.

Hence, the report came to be lodged.


3.    Learned counsel for the applicant submits that there is

unexplained delay in lodging the report. The prosecution case is

afterthought. The copy of the aadhar and voter card indicates the

date of birth of the victim is major. The applicant and the victim

were the husband and wife and they had their marital life

peacefully. At the time of alleged incident, the applicant was not

at the home. The investigation of the crime is completed and the

charge-sheet is also submitted. Hence, prayed to allow the

application.
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4.    Learned A.P.P. has opposed the application and submitted

that the offence is serious in nature. The applicant is involved in

the heinous offence of having married a minor girl and assaulted

sexually due to which the victim committed suicide.          Further,

expressed the apprehension of tampering with the prosecution

witnesses and the evidence, if the applicant released on bail.

Hence, prayed to reject the application.


5.    Having heard the respective counsel from both the sides and

upon perusal of the material on record, including the charge sheet

indicates that the alleged marriage of the applicant and the victim

took place on 09.04.2023. The postmortem report indicates that

the victim was of 20 years old during the alleged incident.

Moreover, the copy of the Adharcard and Election card of the

victim produced by the applicant indicates the birth date of the

victim as 04.09.2005.     As such, there is material discrepancy

regarding the age of the victim.


6.    Furthermore, the applicant is the relative to the informant

and the said marriage appears to have taken place with the

consent of the parties.       More so, the said marriage was

consummated and a child was born out of the said wedlock. It is

pertinent to note that there is no prior complaint against the

applicant about any cruelty or harassment committed by the

applicant to the victim. It is only after the death of the victim and
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after a delay of four days, the present complaint is lodged against

the applicant.   Thus, there is possibility of false implication and

afterthought report.


7.     In view of the aforesaid facts and circumstances and

considering that the applicant is in custody since his arrest on

17.08.2025, coupled with the fact that the investigation is

complete and the chargesheet is filed, no fruitful purpose would be

served    by   keeping    the   applicant   behind   the   bars.    The

apprehension expressed by the learned APP can be adequately

taken care of by imposing stringent conditions. I am, therefore,

persuaded to exercise the discretion in favour of the applicant.


8.     Hence, the following order:-

                                ORDER

(i)    Bail application is allowed.

(ii)   Applicant, Saurabh Tarachand Gaikwad, be released on bail

       on furnishing P.B. and S.B. of Rs.50,000/- (Rs.Fifty Thousand),

       with one solvent surety of the like amount in Crime No.I-401

       of 2025, for the offence punishable Under Sections 137(2),

       65(1), 64(2)(f)(i)(m), 85, 87, 107, 212, 238-B of Bhartiya

       Nyaya Sanhita, 2023, Sections 4, 6, 8 and 12 of the

       Protection of Children from Sexual Offences Act, 2012

       (POCSO Act) and Sections 9 and 10 of Prevention of Child

       Marriage Act, on the conditions that;
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      (a)     The   applicant   shall   not   pressurize   the   prosecution

              witnesses and shall not tamper with the prosecution

              evidence, in any manner.

      (b)     The applicant shall attend the trial on each and every

              date unless exempted by the trial Court.

      (c)     The applicant shall submit his Aadhar and Pan Cards 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.

(iii)       Needless to state 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]
                                                JUDGE

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