Madhukar Dattu BhosaleversusThe State of Maharashtra, Through RAK Marg Police Station

P.H. JAYANI                                             923 BA3037.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                BAIL APPLICATION NO. 3037 OF 2026

Madhukar Dattu Bhosale                                   …. Applicant
      V/s.
The State of Maharashtra                                …Respondent


Mr. Ravi Prakash Jadhav a/w. Ms. S. Sagale and
Adv. Madhumita Sachin Paik for the Applicant.
Mr. R.M. Pethe, APP for the Respondent No.1 – State.
Ms. Chandni Chawla for Respondent No.2.
Ms. Pranita Choudhari, WAPI, Io, R.A.K. Marg Police Station,
present.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      6th OCTOBER, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.

2.        The applicant seeks his release on bail in POCSO Special
Case No.238/2026 pending before the learned Special Judge, City
Civil Court, Gr. Mumbai arising out of Cr.No.455/2025 registered
with R.A.K.Marg Police Station, Mumbai for the offence
punishable under Sections 75, 351(2) of Bharatiya Nyaya Sanhita,
2023 (“BNS”) and Sections 8, 9(f), 10 and 12 of Protection of
Children from Sexual Offences Act, 2012 (“POCSO”), on the report
dated 15.12.2025 lodged by the mother of the victim.

3.        The prosecution case is that in November, 2025 the
applicant was transferred in XYZ Public School at Parel, Mumbai.
The applicant was teaching Mathematics and Marathi to students
of Std. VI to VIII. It is alleged that between November, 2025 and


                                Page 1 of 4
P.H. JAYANI                                            923 BA3037.2026.DOC



13.12.2025, the applicant sexually assaulted four girl students aged
12 to 14 years. The specific allegations are that the applicant used
to sing songs looking at these girl students; he used to show them
photo of his son and seek their opinion about him; he used to
threaten them if they complain about him to their parents; he used
to pull girl students towards him; he used to threaten male
students to cause injury to their private parts, etc. Therefore, the
aforesaid crime was registered, the applicant was arrested and
finally, charge-sheeted.

4.       Mr. Jadhav, the learned Counsel for the applicant submitted
that till the registration of this case, the applicant has served in
Public Schools for more than 25 years, but, not on single occasion,
there was such complaint against him. In the said school, the
applicant had served only for three to four weeks. Therefore, it is
highly improbable that the applicant would commit the alleged
offence during that short period. He submitted that there is
significant inconsistency in the statements of the alleged victims.
Their statements do not indicate that there was sexual intent on
the part of the applicant. He submitted that, now, the investigation
is over. Further detention of the applicant in jail will not serve any
purpose. The offence is punishable with maximum imprisonment
of seven years. Therefore, the applicant may be released on bail.

5.       Opposing these submissions, Mr. Pethe and Ms. Chawla, the
learned APP and learned Advocate for Respondent No.2 have
submitted that the four victims have consistently stated that they
were sexually assaulted by the applicant. The applicant was
serving as a teacher in the said school. Therefore, the offence is
serious and the applicant is not entitled for bail.



                               Page 2 of 4
P.H. JAYANI                                            923 BA3037.2026.DOC



6.       I have considered these submissions. On a careful perusal of
the statements of the victims, I found that there is inconsistency in
their statement about the alleged act committed by the applicant.
The statement of Nilesh Prakash Raut, teacher in the said school
indicates that in the parent meeting held on 13.12.2025, no
parents and student complained against the applicant. It is not
disputed that the applicant has rendered more than 25 years
unblemished service as a teacher before registration of this crime.
No investigation is done with the schools where the applicant has
served in the past. The applicant is in jail for more than 9 months.
His further detention will not serve any purpose. The trial would
taken some time to         conclude. The applicant is not likely to
abscond and tamper with the evidence. Therefore, I am inclined to
allow the application. Hence, following Order :-

         (i)    The applicant – Madhukar Dattu Bhosale be released
         on bail in POCSO Special Case No.238/2026 pending before
         the learned Special Judge, City Civil Court, Gr. Mumbai
         arising out of Cr.No.455/2025 registered with R.A.K.Marg
         Police Station, Mumbai, on his executing a P.R. Bond in the
         sum of Rs.50,000/- with one or more sureties in the like
         amount.

         (ii)   The applicant shall regularly attend the proceedings
         before the jurisdictional Court.

         (iii) On being released from jail, the applicant shall
         furnish his contact number and residential address to the
         Investigating Officer and shall keep him updated in case
         there is any change.




                                Page 3 of 4
                      P.H. JAYANI                                              923 BA3037.2026.DOC



                               (iv)   The applicant shall not tamper with the prosecution
                               evidence and shall not directly or indirectly influence the
                               prosecution witnesses to prevent them from deposing
                               against him.

                               (v)    It is clarified that any observation made in the present
                               Order are for the purpose of deciding the present Bail
                               Application. The trial Court shall decide the said case
                               without getting influenced by any of the said observations.

                      7.       Bail Application stands disposed of in aforesaid terms.



                                                        (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.10.08
14:18:17 +0530




                                                       Page 4 of 4