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Bombay High Court

JAMILABAI NASARU PATHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The Court granted bail to all the accused.

Summary

The Court considered bail applications filed by Jamilabai Pathan, Amol Sonawane, Roshan Dhangar Bhil and Ajay Devde in connection with offences under the Bharatiya Nyaya Sanhita and the POCSO Act arising from alleged kidnapping by enticement and sexual relations with minor girls aged 16 and above. The victims had allegedly eloped with the accused and later claimed the relationships were consensual, with no evidence of force or coercion in medical and police reports. The prosecution argued that consent is immaterial when the victims are minors and alleged that Jamilabai facilitated the act, but the Court found no material linking her to kidnapping or trafficking. The Court noted the lack of incriminating evidence, the age of the victims, and the applicants' clean records, and referred to precedent that permits bail in similar circumstances. Consequently, the Court granted bail to all applicants subject to bond and surety conditions.

Issues considered

  • Whether bail should be granted to accused charged under Sections 137(2), 64(1), 64(2)(i), 64(2)(m), 142, 143 of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act despite the victims being minors.
  • Whether the alleged consent of victims aged above 16 impacts the bail decision in offences involving kidnapping and sexual exploitation.
  • Whether there is sufficient evidentiary material to justify continued detention of the accused, particularly Jamilabai Pathan.

Legislation cited

Subjects

  • bail
  • kidnapping by enticement
  • POCSO
  • minor
  • consent
  • Bharatiya Nyaya Sanhita
  • sexual exploitation
  • elopement

Judgment

2026:BHC-AUG:18198                               1          924-BA.293-26 & ors (924 & 925).odt



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  924 BAIL APPLICATION NO. 293 OF 2026
                                      JAMILABAI NASARU PATHAN
                                              VERSUS
                              THE STATE OF MAHARASHTRA AND ANOTHER

                                                     WITH
                                    BAIL APPLICATION NO. 549 OF 2026
                                     1. AMOL ISHWAR SONAWANE
                                2. ROSHAN @ SHRAVAN DHANGAR BHIL
                                               VERSUS
                              THE STATE OF MAHARASHTRA AND ANOTHER

                                                     WITH
                                  925 BAIL APPLICATION NO. 297 OF 2026
                                      JAMILABAI NASARU PATHAN
                                              VERSUS
                              THE STATE OF MAHARASHTRA AND ANOTHER

                                                     WITH
                                    BAIL APPLICATION NO. 554 OF 2026
                                         AJAY SUKLAL DEVDE
                                               VERSUS
                              THE STATE OF MAHARASHTRA AND ANOTHER
                                                      ...
                            Advocate for Applicants in all : Mr. Bhushan Mahajan.
                          APPs for Respondent/s-State : Mr. C. V. Bhadane, Mr. G. O.
                                          Wattamwar, respectively.
                           Advocate for Respondent No.2 in all : Mr. Vishwambhar
                                            Bhosale (appointed)
                                                     ...

                                                 CORAM : SHAILESH P. BRAHME, J.
                                                 DATE : 18.04.2026

                     PER COURT :-


                     1.      Heard both sides.
                         2             924-BA.293-26 & ors (924 & 925).odt



2.      The applicants are seeking enlargement on bail in

respect of offence bearing Crime No.380 of 2025 and Crime

No.381 of 2025, respectively both registered with Bhadgaon

Police Station, District Jalgaon, for the offences punishable

under Sections 137(2), 64(1), 64(2)(i), 64(2)(m), 142, 143 of

Bharatiya Nyaya Sanhita and Sections 4 and 6 of POCSO Act.


3.      Though distinct offences are registerd against the

applicants, the incident is common.


4.      Bail Application Nos.293 of 2026 and 297 of 2026 are

preferred by Jamilabai Pathan in respect of Crime Nos.380 of

2025 and 381 of 2025. Bail Application Nos.554 of 2026 is

preferred by Ajay Suklal Devde in respect of Crime No.381 of

2025, Bail Application No.549 of 2026 is preferred by Amol

Sonawane and Roshan Bhil in respect of Crime No.380 of

2025.    Applicant   Jamilabai   is   arrested     on    18.12.2025.

Applicant Amol, Roshan and Ajay are arrested on 13.11.2025.


5.      The victims are minor girls of 16 and above years old.

The informants in both the offences are their mothers. It is

reported by them that minor victims eloped from village Girad,

Taluka Bhadgaon, District Jalgaon, In the night of 19.10.2025.

A complaint of kidnapping by enticement was lodged by the

parents. On 13.11.2025, the informants were called in the
                        3            924-BA.293-26 & ors (924 & 925).odt



Police Station as the victims were found with the accused

persons.


6.    It revealed in the investigation that in the night

intervening 19.10.2025 and 20.10.2025, the victims eloped

with three accused boys with whom they were in love and

reached Delhi. Applicant Roshan is said to have his aunt’s place

in Delhi, who is applicant Jamilabai. They are said to have

resided with Jamilabai. They were apprehended on 12.11.2025

and brought back to the Police Station. The investigation is

over and charge-sheet is filed on 08.01.2026.


7.    In this backdrop, learned counsel for the applicant

Jamilabai submits that she is 66 years old and having no

criminal antecedents. No material is collected to attribute any

offence under provisions of the Immoral Traffic (Prevention)

Act. There is no incriminating material to connect her to overt

act of kidnapping and sexual exploitation of the minors. She is

not even acquainted with the victims and the applicants except

Roshan, who was nephew.


8.    Learned counsel appearing for applicants submits that

his clients applicant Ajay, Roshan and Amol were having love

affair with the victims. The victims voluntarily accompanied

them. The victims are of more than 16 years old. They are
                         4            924-BA.293-26 & ors (924 & 925).odt



stated to be willing to perform marriage with the victim after

attaining majority. No violence or forcible sexual act is noticed

in the medical report. The statements of the victims would

support their claim.


9.    Per contra, learned APPs submit that at the relevant time

victims were minors and the consent is inconsequential.

Applicant Jamilabai is alleged to have exploited the girls by

administering substance to tranquilize them. The statements of

the victims under Section 181 as well as 183 are consistent and

corroborate the prosecution case.


10.   I have considered rival submissions of the parties. The

victims, informants, witnesses and accused persons except

Jamilabai are from village Girad, Taluka Bhadgaon, District

Jalgaon. Applicant Jamilabai is resident of Delhi. Accused boys

along with victims are alleged to have travelled from Bhadgaon

to Delhi. I do not see any incriminating material against

applicant Jamilabai for anything done at Girad. She is paternal

aunt of applicant Roshan.


11.   Applicant Jamilabai provided shelter to three couples

who eloped from Girad. No material is collected to indicate

that she was indulging in immoral trafficking or girls were

subjected to any act at the instance of Jamilabai at Delhi.
                         5            924-BA.293-26 & ors (924 & 925).odt



Nothing is placed on record to show that she was aware of the

relationship between accused and the victims and she

conspired with them. She is 66 years old having no criminal

antecedents. Her further detention is unwarranted.


12.   A supplementary statement of mother of one of the

victim girl recorded on 14.11.2025 and the statements of the

victim girls under Section 181 as well as 183 would indicate

that the victims were above 16 years of age. They were

knowing applicant Ajay, Roshan and Amol. There was love

affair between the couples. There was physical relations also.

There is no material to show that the girls were forcibly

kidnapped by the boys.


13.   The statements of the victims would indicate that the

promise of marriage were extended by the boys and there were

frequent physical contacts. No element of force or coercion or

deception is noticed. This Court is aware that when victims are

minor, the consent is immaterial.     But the consequences of

consensual act can be looked at the conclusion of trial.


14.   I am being pointed out the report of medical

examination of accused boys. In column No.11 of the report

all of them admitted to have kept sexual relations with the

victims due to love affair. The medical reports of the victims
                          6              924-BA.293-26 & ors (924 & 925).odt



indicate that there was no evidence of any force rather it was

reported by them that due to love affair there was sexual

relations.


15.   I have gone through judgment of Co-ordinate Bench in

Sunil Mahadev Patil Vs. State of Maharashtra ; 2016 CRI.L.J.

(NOC) 36 (BOM.) as well as judgment of Supreme Court in the

matter of State of Uttar Pradesh Vs. Anurudh ; AIR OnLine

2024 ALL 1201. Those are helpful to the applicants.


16.   Considering the overall circumstances, I am inclined to

grant bail. I, therefore, pass the following order :

                               ORDER

      (i)    Bail Applications are allowed.


      (ii)   Applicants JAMILABAI NASARU PATHAN, AMOL

             ISHWAR SONAWANE, ROSHAN @ SHRAVAN

             DHANGAR BHIL and AJAY SUKLAL DEVDE shall

             be released on bail in Crime No.380 of 2025 and

             Crime      No.381   of     2025,     respectively       both

             registered with Bhadgaon Police Station, District

             Jalgaon,    for   the    offences    punishable        under

             Sections 137(2), 64(1), 64(2)(i), 64(2)(m), 142,

             143 of Bharatiya Nyaya Sanhita and Sections 4
                            7                 924-BA.293-26 & ors (924 & 925).odt



                and 6 of POCSO Act, on furnishing P. R. bond of

                Rs.25,000/- (Rupees twenty five thousands only)

                each with one solvent surety of like amount each

                on the following conditions :


                (a)   The applicants shall not tamper with the
                      prosecution         evidence      and    contact      the
                      prosecution witnesses.

                (b)   The    applicants         shall     co-operate         for
                      expeditious disposal of the trial and attend
                      the dates punctually.


        (iii)   Bail application is disposed of accordingly.


        (iv)    For the assistance rendered by learned counsel for

                respondent No.2, Legal Aid Services Authority

                shall quantify his fees of Rs.6,000/-, each.




                                            (SHAILESH P. BRAHME, J.)
                                    ...
vmk/-


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