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Bombay High Court

AMOL SUDHAKAR GAWALIversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Bail was granted to the accused on a personal bond of Rs.5,000 with sureties, subject to conditions of non‑interference with evidence and witnesses.

Summary

Amol Sudhakar Gawali was charged under Section 74 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 for outraging the modesty of an eight‑year‑old girl. He had been in custody for over a year with no significant progress in the trial. The applicant sought regular bail, arguing that the prolonged detention was unjustified, while the prosecution contended that the seriousness of the offence and risk of absconding or witness tampering warranted denial of bail. The Court noted that the maximum punishment was three years, the trial was delayed, and bail could be conditioned to mitigate risks. Accordingly, the Court granted bail on a personal bond of Rs.5,000 with one or two solvent sureties, imposing conditions not to tamper with evidence or influence witnesses, and directed the trial court to proceed on merits.

Issues considered

  • Whether bail should be granted in a POCSO case involving an eight‑year‑old victim despite alleged risk of absconding and witness tampering.
  • Whether the delay in trial and the applicant's prolonged pre‑trial detention justify the grant of bail.
  • Whether imposing a personal bond and surety conditions is sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual offences against child
  • pre‑trial detention
  • surety
  • criminal procedure

Judgment

                                                                                            21-BA-2807-2025.doc



                             N.S.Kamble


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL BAIL APPLICATION NO. 2807 OF 2025


                             Amol Sudhakar Gawali                                       … Applicant
                                   Versus
                             State Of Maharashtra And Anr                               … Respondents
          Digitally signed
NILAM     by NILAM
SANTOSH
          SANTOSH
          KAMBLE             ________________________________________________________
KAMBLE    Date: 2026.01.16
          15:35:03 +0530

                             Ms.Manisha Devkar a/w Ms.Anjali Kondvilkar, for the Applicant.
                             Ms.P.P. Jadhav, APP for Respondent-State.
                             Ms.Kanchan Pawar, for Respondent No.2-Appointed Advocate.
                             Ms.Madhumati Shinde, API, Pimpri Police Station.
                             ________________________________________________________
                                                              CORAM : SHIVKUMAR DIGE, J.

                                                              DATE            : 13th JANUARY, 2026
                             P.C. :

                             .            By this Application, Applicant is seeking regular bail in Crime

                             No.1045 of 2024, registered with Pimpri Police Station, Pune, for the

                             offences punishable under Section 74 of the Bharatiya Nyaya Sanhita Act

                             (‘BNS’ for short) and Sections 8 and 12 of the Protection of Children from

                             Sexual Offence Act, 2012 (‘POCSO’ for short).

                             2.           It is prosecution’s case that, on 16 th   November 2024, the

                             Applicant picked up the minor daughter of the First Informant, who was

                             playing in front of her house, and outraged her modesty.

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                                                                 21-BA-2807-2025.doc



N.S.Kamble


3.           It is contention of learned counsel for the Applicant that, the

Applicant is behind bar for more than one year. There is no progress in

trial. It may take time to conclude the trial, and requested to allow the

Application.

4.           It is contention of learned APP alongwith learned counsel for the

Respondent No.2 that the Applicant outraged modesty of victim, who was

about 8 years old. If Applicant released on bail, he may abscond or threaten

prosecution witnesses and victim, and requested to reject the Application.

5.           I have heard all learned counsel.       Perused charge-sheet and

documents produced on record.

6.           The maximum punishment prescribed for the offences registered

against the Applicant is of 3 years. The Applicant is behind bar for more

than one year. There is no progress in trial.

7.           Considering these facts, I pass following order.

                                    ORDER

               (i)       The Applicant-Amol Sudhakar Gawali be released on

               bail in Crime No.1045 of 2024, registered with Pimpri Police

               Station, Pune, on furnishing PR bond of Rs.5,000/- with one

               or two solvent sureties in the like amount.




                                    Page 2 of 3
                                                               21-BA-2807-2025.doc



N.S.Kamble


             (ii)     The Applicant shall not tamper with the evidence

             and/or influence the prosecution witnesses.

             (iii)    The Trial Court shall decide the case on its own

             merits and in accordance with law, uninfluenced by the

             observations made in this order.

             (iv)     Application is allowed in the aforesaid terms.



                                                (SHIVKUMAR DIGE, J.)




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