KAILASH PANDIT CHAVHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:7269
                                                          Bail Appln.No.2487/2025
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                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY

                                BENCH AT AURANGABAD


                            BAIL APPLICATION NO.2487 OF 2025


            Kailash Pandit Chavhan                       … APPLICANT

                    VERSUS

            The State of Maharashtra & anr.              … RESPONDENTS

                                            .......
            Mr. M.K. Bhosale, Advocate for applicant (appointed)
            Ms R.R. Tandale, A.P.P. for respondent No.1 – State
            Ms S.R. Khan, Advocate for R.No.2 (appointed)
            Mr. M.R. Wagh, Advocate for R.No.2
                                            ....…

                                   CORAM : SACHIN S. DESHMUKH, J.
                                   DATE    : 17th FEBRUARY, 2026

            PER COURT :


            1.         The applicant seeks release on regular bail in

            connection with Crime No.107/2025, registered with Dhule Taluka

            Police Station, District Dhule, for the offences punishable under

            Sections 65(2), 351(2), 351(3) of the Bhartiya Nyaya Sanhita, 2023

            and Sections 4, 5(m), 6 of the Protection of Children from Sexual

            Offences Act.
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2.          The prosecution case is that, on 19/2/2025, at about

8.00 p.m., the victim, who is 10 years minor daughter of the

informant, told the informant that, at about 7.00 p.m. the accused

had asked her to bring tobacco from a shop and when she brought

tobacco and gave him, the applicant indicated that he loves her. On

20/2/2025, after the informant and her husband came home from

work, her husband, thereafter went out of the house and after some

time rushed in frightened state. On inquiry, told that at 8.00 p.m.,

one Vicky More told him that the applicant has taken the victim

inside house and latched the door from inside. Therefore, he along

with Vicky went to the house of applicant and knocked the door, but

as the applicant did not open the door for 3 to 4 minutes, they

kicked open the door and noted that the applicant was wearing his

clothes and the victim was in the back side room. Therefore, the

informant went to the house of the accused, where she saw the

victim crying.


.           On inquiry the victim told that, the applicant asked the

victim to bring tobacco pouch and and after receipt of the same, the

applicant called her inside the house and committed penetrative

sexual assault. When the father of the victim knocked the door, the

applicant sent the victim in back side room and threatened not to
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disclose anything to anyone.      Thereafter, the informant and her

husband went to the house of brother of the applicant to question

about the incident. However, the brother and sister-in-law of the

applicant did not pay any heed and assaulted and abused the

informant and her husband.


3.             Learned counsel for the applicant submits that, the

applicant has been falsely implicated in the case. The medical

examination of the victim does not support the case of the

prosecution. In that view of the matter, the applicant deserves to

be admitted to bail.


4.             Per contra, learned A.P.P. vehemently opposed the

application, contending that the offence is serious and the applicant

has sexually assaulted the minor victim. As such, the application

does not warrant consideration.       Learned A.P.P. further submits

that, the applicant and victim reside in the same locality. Therefore,

if the applicant is released on bail, he may threaten the victim and

the prosecution witnesses.         As such, prayed to reject the

application.


5.             Upon considering the submissions advanced by learned

counsel for both sides and perusal of the material on record, prima
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facie, the medical examination of the victim does not support the

prosecution case, as such, it appears to be a case of false

implication. So far as the apprehension expressed by the learned

A.P.P., same can be adequately taken care of by imposing stringent

conditions upon the applicant.


6.             Nevertheless, the investigation is complete for all

intents and purpose.            In that view of the matter, further

incarceration of the applicant is not warranted.


7.             Hence the order :


                                 ORDER


(i)          Bail Application is allowed.

(ii)         The applicant Kailash Pandit Chavhan be released on bail

             on furnishing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen

             Thousand) with one solvent surety of the like amount in

             the above crime, on the conditions that :

       (a)         The applicant shall not tamper with the prosecution

                   witnesses in any way.

       (b)         The applicant shall remain present on each date,

                   unless exempted by the trial Court.

       (c)         The applicant shall not reside within the jurisdiction
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              of village Kusumba, Taluka and District Dhule till

              conclusion of the trial.

(iii)   Needless to state that, the observations rendered herein

        are confined to the present application, and the trial Court

        shall decide the trial on its own merits and in accordance

        with law.

(iv)    Fees of learned counsel appointed for the applicant is

        quantified at Rs.10,000/- (Rupees ten thousand).




                                   (SACHIN S. DESHMUKH, J.)




fmp/-