Bombay High Court
SIDDHESHWAR GANESH JAYBHAYEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The Court allowed the bail application, granting regular bail to the applicant with conditions.
Summary
The applicant, Siddheshwar Ganesh Jaybhaye, was arrested in connection with a rape and related offences alleged to have been committed by another accused who allegedly abducted a minor girl. The FIR does not name the applicant; the charge sheet identifies him only as the driver of the vehicle used in the alleged crime. The applicant sought regular bail after his earlier bail plea was rejected by a Special Court. The High Court examined whether the evidence disclosed in the FIR and charge sheet sufficiently linked the applicant to the commission of the offences and concluded that, at most, his role was limited to driving and there was no identification or material linking him to the substantive acts. Consequently, the Court held that continued detention was unnecessary and granted bail subject to monetary surety and conditions regarding non‑interference with evidence, attendance at hearings, and travel restrictions.
Issues considered
- Whether the applicant's alleged role as driver constitutes sufficient participation to deny bail under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act.
- Whether the evidence disclosed in the FIR and charge sheet establishes a prima facie case against the applicant justifying his continued custody.
- Whether the applicant is entitled to regular bail despite the seriousness of the offences alleged.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 351(2), 64(2)(f), 74, 78
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 4, 6, 8
Subjects
- bail
- regular bail
- sexual offences
- POCSO Act
- Bharatiya Nyaya Sanhita
- driver
- identification parade
- evidence insufficiency
- court conditions
Judgment
2026:BHC-AUG:9314
(1) 291.26BA.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 291 OF 2026
Siddheshwar Ganesh Jaybhaye,
Age: 30 years, Occu. Labour,
R/o. Dusarbeed, Tq. Sindkhed Raja,
District Buldhana. ..Applicant
[Orig.Accused No.2]
VERSUS
1] The State of Maharashtra,
Through Police Inspector,
Jawaharnagar Police Station,
Chh. Sambhajinagar (Aurangabad)
2] XYZ. ..Respondents
…
Mr. A.N.Nagargoje, Advocate for the Applicant.
Mr. B.B.Bhise, APP for Respondent-State
Mr.A.R.Muley, Advocate for Respondent no.2 [Appointed]
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 04.03.2026.
ORDER:-
1] The applicant / accused no.2 seeks regular bail in
connection with Crime No. 0392/2025, registered with
Jawaharnagar Police Station, Chh. Sambhajinagar (Aurangabad),
for the offence punishable under Section 64 (2) (f), 74, 78, 137 (2),
351 (2) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023 as well as
under Sections 4, 6, 8 and 12 of the POCSO Act.
2] The investigation was set in motion on the basis of
information given by the respondent no. 2, alleging that she is
taking education. Accused No.1 is a teacher in the School. He
(2) 291.26BA.odt
expressed that he loved her and conveyed that he wanted to marry
with her and leaving his wife and children. On 19.08.2025 accused
No.1 along with one unknown person, whose face was masked, took
her in a car. The unknown person was driving the car. The accused
no.1 administered her intoxicated substance which made her
unconscious. When she regained consciousness she noted injury
marks on her neck. The blood was oozing from her private part. It
is accordingly alleged that accused no.1 committed rape on her. The
aforesaid information culminated into registration of the offence.
The investigation progressed and finally charge sheet has been filed
against the accused persons including the present applicant.
3] The applicant / accused no.2 came to be arrested on
03.11.2025. He was remanded to Police Custody till 06.11.2025.
Since then he is behind bar.
4] After filing of the charge sheet, he moved an application
for grant of regular bail before Special Court in Special Case No.
831/2025. However, his application came to be rejected vide order
dated 19.01.2026.
5] Mr.Nagargoje, learned Advocate appearing for the
applicant submits that the allegations in the FIR show that the
accused no. 1 is a culprit of the offence under Section 64 (2) (f) of
the BNS [Section 376 of the IPC] and under Section 4, 6, 8 and 12
of the POCSO Act. The FIR do not disclose the name of the
applicant. His name appeared first time in the charge sheet,
alleging that on 19.08.2025 he was the companion of the accused
no. 1 as driver of the car. He would urge that the contents of charge
sheet are bereft to demonstrate involvement of the applicant in
commission of the offence. He would, therefore, urge to release the
applicant on bail.
(3) 291.26BA.odt
6] Mr.Bhise, learned APP and Mr.Muley, learned Advocate
appearing for the respondent No.2 vehemently oppose the
application.
7] Apparently, the contents of the FIR do not disclose the
name of the applicant. It only refers that the accused no.1 dragged
the respondent no.2 in the car. The another person, who was
driving the car, had masked his face. Thereafter accused no.1
administered her the water. Apparently, the respondent no.2 has no
reason to identify the driver. The identification parade is not
conducted. The evidence in the charge sheet, prima facie, do not
disclose the involvement of the applicant in commission of the
offence. Even assuming the contents of the charge sheet to be true
and correct, the role of the applicant is to the extent of driving the
vehicle while the victim traveled along with accused no.1. In that
view of the matter, further detention of the applicant would not be
necessary. Hence, case is made out for grant of bail subject to
certain conditions. Hence, the following order:
ORDER
(i) Bail Application is allowed.
(ii) The applicant, Siddheshwar Ganesh Jaybhaye, be released on
bail in Crime No. 0392/2025, registered with Jawaharnagar Police
Station, Chh.Sambhajinagar (Aurangabad), for the offence
punishable under Section 64 (2) (f), 74, 78, 137 (2), 351 (2) and 3 (5)
of the Bharatiya Nyaya Sanhita, 2023 as well as under Sections 4,
6, 8 and 12 of the POCSO Act, on furnishing P.B. and S.B. of
Rs.50,000/- (Rs.Fifty Thousand only) on following condition:
(4) 291.26BA.odt
a. The applicant shall not tamper with the prosecution
evidence in any manner or pressurize witnesses.
b. The applicant shall attend each and every effective date of
hearing before Sessions Court in Special Case No.831/2025.
c. The applicant shall not leave State of Maharashtra
without prior intimation and submission of itinerary with the
Sessions Court.
(iii) Application is disposed of.
(iv) The remuneration of Advocate appointed for the
rspondent no.2 is fixed to Rs.10,000 /-.
(S. G. CHAPALGAONKAR)
JUDGE
DDC
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