Bombay High Court
NAVNATH GOARKSHNATH BHAWARversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- SACHIN S DESHMUKH
Holding
The court held that bail should be granted as the case appears prima facie consensual, the investigation is complete, and any risk of evidence tampering can be mitigated by stringent bail conditions.
Summary
The applicant, Navnath Goarkshnath Bhawar, was charged under Section 64 of the Bharatiya Nyaya Sanhita, 2023 for alleged sexual assault on 08‑08‑2025. The prosecution alleged that the applicant forcibly assaulted the complainant, while the applicant claimed the incident was a false implication arising from a consensual relationship. The FIR was lodged on 10‑08‑2025 and the medical examination did not corroborate the prosecution’s version. The court observed that the investigation was complete, a charge‑sheet had been filed, and the facts appeared prima facie consensual, concluding that continued incarceration would not serve any purpose. Accordingly, the court granted regular bail with a personal bond of Rs. 50,000 and imposed several conditions to prevent witness tampering and ensure trial attendance.
Issues considered
- Whether bail should be granted in a sexual assault case under Section 64 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the alleged incident constitutes a false implication or a consensual relationship affecting the bail decision.
- Whether there is a risk of the accused tampering with evidence or influencing witnesses if released on bail.
- Whether the completion of investigation and filing of charge‑sheet justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 64
Subjects
- bail
- sexual assault
- Section 64
- Bharatiya Nyaya Sanhita
- false implication
- consensual relationship
- evidence tampering
- charge sheet
Judgment
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
946 BAIL APPLICATION NO. 2508 OF 2025
Navnath Goarkshnath Bhawar ….Applicant
VERSUS
The State of Maharashtra & another …..Respondents
Mr. V. V. Deshmukh, Advocate for Applicant.
Mr. G. O. Wattamwar, APP for the State.
Mr. S. R. Andhale, Advocate for Respondent No. 2.
CORAM : SACHIN S. DESHMUKH, J.
DATE : 23rd JANUARY, 2026.
PER COURT :
1. Applicant seeks regular bail in connection with Crime No.
630/2025 registered with MIDC Police Station, Dist. Ahilyanagar, for
the offences punishable under Section 64 of the Bharatiya Nyaya
Sanhita, 2023.
2. The case of prosecution is that on 08.08.2025 at about 9.30
pm, when informant was outside of her house, Applicant came there,
caught hold her hand, dragged her to the field forcibly committed
sexual assault. When raised shouts, Applicant fled away. On the
next day i.e. on 09.08.2025 informant narrated the incident to her
husband and thereafter First Information Report came to be lodged.
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3. Learned Counsel for the Applicant submits that it is a case of
false implication. Applicant and the victim, who is a married woman,
were in consensual relationship. The story of alleged incident
narrated to the Medical Officer does not support the case of the
prosecution. Furthermore, investigation in the crime is complete and
charge-sheet is filed. Hence, prayed to release the Application on
bail.
4. Per contra, learned APP vehemently opposed the application by
submitting that the Applicant has indulged in serious crime. His
involvement in the crime is apparent. An apprehension is also
expressed that if the Applicant is released on bail, there is every
possibility of tampering with the prosecution evidence. Hence,
prayed to reject the application.
5. Upon hearing submissions of both sides and on perusal of the
material on record, including charge-sheet, it is evident that the
alleged incident has occurred on 08.08.2025 whereas First
Information Report is registered on 10.08.2025. Furthermore,
perusal of First Information Report indicates that the Applicant and
the victim had acquaintance with each other. Nevertheless, Medical
examination of the victim prima facie does not corroborate the case
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put forth by the prosecution. Thus, prima facie, it appears to be a
case of consensual relationship.
6. Investigation in the crime is complete for all intent and
purpose. Charge-sheet is also filed. Hence, no fruitful purpose
would be served by further incarcerating the Application. The
apprehension expressed by learned APP can be taken care of by
imposing stringent condition upon the Application. In that view of
the matter, I am inclined to exercise discretion in favour of the
Application.
7. Hence, the following order :-
ORDER
(i) Application is allowed.
(ii) Applicant Navnath Goarkshnath Bhawar, be released on
bail, on furnishing P.R. bond in the sum of Rs. 50,000/- (Rs.
Fifty Thousand) with one or two local solvent sureties, in the
like amount, in connection with Crime No. 630/2025
registered with MIDC Police Station, Dist. Ahilyanagar, for the
offences punishable under Section 64 of the Bharatiya Nyaya
Sanhita, 2023, on the following conditions :-
(a) The Applicant shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.
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(b) The Applicant shall attend the trial on each and
every date unless exempted by the Trial Court.
(c) The Applicant shall submit Aadhar and Pan Cards
to the Investigating Officer and detailed address and
phone numbers of the Applicant and two of the near
relatives.
(d) The Applicant shall not enter village Pangarmal,
Tq. & Dist. Ahilyanagar, till conclusion of the trial.
(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 state that, nothing stated hereinabove shall
be construed as an expression on merits of the case.
Learned Trial court shall proceed independently and
uninfluenced by the observations made hereinabove.
(SACHIN S. DESHMUKH, J.)
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