Bombay High Court

MOHIT PRADIP SHINDEversusSTATE OF MAHARASHTRA AND ANR

Decided: 17 February 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

Bail was granted to the accused with conditions, as the court found no compelling reason to deny liberty despite the seriousness of the charges.

Summary

The applicant, Mohit Pradip Shinde, was charged under Sections 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 for allegedly sexually assaulting a 16‑year‑old girl and circulating obscene photographs. The prosecution argued the seriousness of the offences and risk of tampering, while the defence highlighted a consensual relationship, the victim's age being above 16, a delayed complaint, the applicant's clean record and the prolonged pre‑trial detention. The court noted the delay in filing, the applicant's lack of antecedents, and the absence of trial progress, and considered the balance between liberty and the risk of interference with evidence. Consequently, the court granted regular bail on a personal bond of Rs.25,000 with sureties, imposing conditions that the applicant not contact the victim, not tamper with evidence or influence witnesses, and attend police as required. The trial court was directed to continue the trial on its merits without being influenced by this order.

Issues considered

Whether bail should be granted to an accused charged with offences under the BNS and POCSO Acts involving a minor victim.
Whether the risk of absconding, tampering with evidence, or influencing witnesses outweighs the applicant's right to liberty.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 351(3), 352
Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8

Subjects

bail
sexual assault
minor
POCSO
BNS
criminal procedure
trial delay
surety

Judgment

28-BA-3357-2025.doc

N.S.Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 3357 OF 2025

Mohit Pradip Shinde … Applicant
Versus
State Of Maharashtra And Anr … Respondents
____________________________________________________________
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE Mr.Umar Kazi a/w Ms.Sonia Santis and Mr.Umar Nizami, for the Applicant.
KAMBLE Date: 2026.02.18
18:35:37 +0530
Ms.R.D. Humane, APP for Respondent-State.
Ms.Kanchan Pawar, for Respondent No.2.
Mr.Suyog Waykar, API, Upnagar Police Station, Nashik.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 17th FEBRUARY 2026

P.C. :

. By this Application, the Applicant is seeking regular bail in
Crime No.101 of 2025 registered with Upnagar Police Station, Nashik for
the offences punishable under Sections 352, 351(3) of the Bharatiya Nyaya
Sanhita, 2023 (‘BNS’ for short) and Sections 4,8 and 12 of the Protection of
Children from Sexual Offences Act, 2012 (‘POCSO’ for short).
2. It is prosecution’s case that the Applicant sexually assaulted the
minor daughter of the First Informant by threatening her. It is alleged that
he clicked obscene photos of the victim and made viral.
3. It is contention of learned counsel for the Applicant that there
was love affair between the Applicant and victim. The victim was more than
16 years old at the time of the incident. There is delay in lodging the

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28-BA-3357-2025.doc

N.S.Kamble

complaint. The Applicant is behind bars for more than one year. The
Applicant has no antecedents. There is no progress in trial, and requested to
allow the Application.
4. It is contention of learned APP along with learned counsel for
Respondent No.2 that the Applicant viraled obscene photographs of the
victim on social media. The Applicant sexually assaulted the victim by
threatening her. If the Applicant released on bail, he may abscond or
threaten victim and prosecution witnesses, and requested to reject the
Application.
5. I have heard all learned counsel. Perused charge-sheet and
documents produced on record.
6. At the time of the incident victim was 16 years old. There is
delay in lodging the complaint. The Applicant is behind bars for more than
one year. The Applicant has no antecedents. There is no progress in trial. It
may take time to conclude the trial.
7. Considering these facts, I pass following order.
ORDER
(i) The Applicant-Mohit Pradip Shinde be released on
bail in Crime No.101 of 2025 registered with Upnagar Police
Station, Nashik, on furnishing PR bond of Rs.25,000/- with
one or two solvent sureties in the like amount.
(ii) The Applicant shall not contact the victim.
(iii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iv) The Trial Court shall decide the case on its own
merits and in accordance with law, uninfluenced by the
observations made in this order.

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N.S.Kamble

(v) The Applicant shall attend the concerned Police
Station as and when required.
(vi) Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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