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Bombay High Court

MAYUR PRAVINBHAI MAKWANAversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The applicant, Mayur Pravinbhai Makwana, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged sexual offences under Sections 70(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The victim’s statements were found to be contradictory, with a supplementary statement reducing the number of alleged perpetrators from three to one and differing accounts of the incident. The prosecution argued that the applicant was the sole accused present, while the defence highlighted the lack of clear identification and inconsistencies in the victim’s testimony. The court noted the dichotomy in evidence but concluded that the applicant had made out a case for bail. Accordingly, bail was granted subject to a cash bond, sureties, reporting requirements, and other standard conditions, without expressing any view on the merits of the case.

Issues considered

  • Whether the inconsistencies in the victim’s statements and lack of clear identification of the applicant preclude the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether there is sufficient prima facie evidence to justify continued detention of the applicant pending trial.

Legislation cited

Subjects

  • bail
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • inconsistent statements
  • sexual assault
  • criminal procedure
  • legal aid

Judgment

                                                                       69.BA.3574.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3574 OF 2026

              Mayur Pravinbhai Makwana                         .. Applicant
                         Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Mr. Mr. Vivek Arote a/w. Mr. Akshay Dingale, Advocates for
                Applicant.
               Ms. Rajeshree V. Newton, APP for Respondent No.1.
               Mr. Dhanesh Sanjay Sharma, Advocate (appointed) for Respondent
                No.2.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : OCTOBER 09, 2026
              P.C.:

              1.        Heard Mr. Arote, learned Advocate for Applicant; Ms.

              Newton, learned APP for Respondent No.1 and Mr. Sharma, learned

              appointed Advocate for Respondent No.2.


              2.        This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.11 of 2025 registered with Bharti Vidyapith Police Station, Pune for

              offences punishable under Sections 70(1), 351(2) and 3(5) of the

              Bharatiya Nyaya Sanhita, 2023.


              3.        Applicant is arraigned as Accused No.3 in the present case.

              There are two other accused persons who are already on enlarged on

              bail. Case of the prosecution as per the victim’s version who is an adult,



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is that on the intervening night of 03.01.2025 and 04.01.2025 she had

traveled from Mumbai to Pune to visit her friend’s place after having a

quarrel with her husband. At her friends place she was put up and

offered certain drinks by her friend after which she became

unconscious and it is alleged that there were three persons who had

then had physical relationship with her. Applicant is not named by

her. Intriguingly the prosecution case proceeds on the basis that the

persons who have been named by the victim namely Ganesh and

Shubham, are none other than the present Applicant. It may even be

true that it may be the Applicant who may be present but the version

of the victim is thoroughly inconsistent when she names the other two

co-accused persons as being present whereas identification and identity

of the present Applicant is not established. Further statement given

during her medico-legal examination is also prima facie inconsistent

with her own version as stated in the First Information Report.


4.        Further a supplementary statement has been recorded on

06.01.2025 of the victim wherein she gives a completely different

version of the incident in question and the fact that instead of three

persons, there was only one person who was present at the time of the

incident. The case of prosecution becomes evident when the witness

statement of a friend of the victim is recorded, a copy of which is

appended in the police report which prima facie shows the version of

the victim herself stating that she was forced into the said acts.

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5.        In view of the clear dichotomy and inconsistencies present, I

agree with the case made out by learned Advocate for Applicant.


6.        Mr. Sharma, learned appointed Advocate on behalf of the

Respondent No.2 has persuaded me to consider otherwise that after

the investigation it has been clearly revealed that there was only one

accused person who was present in the house and that would be none

other than the present Applicant. If that be the case, then there has to

be prima facie evidence at the threshold to consider such prosecution

case, failing which this Court cannot come to such a conclusion. In that

view, complicity of the Applicant and the theory propounded by the

prosecution can undoubtedly be proved at trial, the Applicant has

made out a case for grant of bail.


7.        Considering the aforesaid, Applicant is directed to be

released on bail subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 11 of 2025;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen

                Thousand only) with one or two surety / sureties of the

                like amount;

          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month on the first

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               Monday of the month between 10:00 a.m. to 12:00

               p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

               attend the Trial Court on all dates, unless specifically

               exempted      and   will   not   take   any    unnecessary

               adjournments, if he does so it will entitle the

               prosecution to apply for revocation of this order;

          (v) Applicant shall not leave the State of Maharashtra

               without prior permission of the Trial Court;

          (vi) Applicant shall not influence any of the witnesses or

               tamper with the evidence in any manner;

          (vii) Applicant shall keep the Investigating Officer informed

               of his current address and mobile contact number and /

               or change of residence or mobile details, if any, from

               time to time, as applicable; and

          (viii)Any infraction of the conditions shall entail cancellation

               of bail granted to the Applicant.

8.        It is clarified that the observations made in this order are

limited for the purpose of granting Bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.

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                     9.              This Court appreciates the assistance rendered by Mr.

                     Sharma, learned appointed Advocate through the legal aid. His fees be

                     paid by the High Court Legal Aid Services Authority as per rules on

                     production of a server copy of this order and other compliances in

                     accordance with the decision of this Court in the case of Sanjyot Nitin

                     Telharkar v. The State of Maharashtra & Anr. 1 and the Schedule under

                     Regulation 18(1) of the Maharashtra State Legal Services Authority

                     Rules, 1998.


                     10.             Bail Application is allowed and disposed of in the above

                     terms.



H. H. SAWANT                                                                  [ MILIND N. JADHAV, J. ]



                  Digitally signed
                  by HARSHADA
         HARSHADA HANUMANT
         HANUMANT SAWANT
         SAWANT   Date:
                  2026.10.10
                  14:12:52 +0530




                     1      Judgement dated 25.09.2024 passed in Misc.Civil Application No.134 of 2024.


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