Bombay High Court

MADANMOHAN HARIPAD HAJRAversusSTATE OF MAHARASHTRA

Disposal: Allowed
Bench: SACHIN SHIVAJIRAO DESHMUKH

Holding

The court granted bail to the applicant with stringent conditions.

Summary

The applicant, Madanmohan Haripad Hajra, was charged with sexual assault of a minor girl under Sections 75 and 64(1) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The prosecution alleged the offence occurred on 10 August 2025, but the victim was not medically examined and there were inconsistencies in witness statements, as well as an unexplained delay in filing the FIR. The applicant, aged 58 with no prior criminal record, argued he was falsely implicated and that continued detention for six months was unjustified. The court noted the material inconsistencies, lack of medical evidence, the applicant’s age and health, and the completed investigation, and exercised its discretion to grant bail. Bail was ordered on a Rs.50,000 bond with two sureties and several strict conditions, including staying away from the victim’s locality and attending all trial dates.

Issues considered

Whether bail should be granted in a case of alleged sexual assault of a minor under the Bhartiya Nyaya Sanhita and POCSO Act.
Whether the delay in lodging the FIR and absence of a medical examination create reasonable doubt warranting bail.
Whether the applicant’s age, health, and six‑month pre‑trial detention justify release on bail.
Whether imposing stringent conditions on bail is appropriate in such offences.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 64(1), 75
Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8

Subjects

bail
sexual assault
minor
POCSO
delay in FIR
medical examination
false implication
pre‑trial detention
conditions of bail

Judgment

18-BA-3773-2025 (CR).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 3773 OF 2025

Madanmohan Haripad Hajra
VERSUS
State of Maharashtra and Anr.
...
Mr. Someshwar Wale, Advocate for Applicant.
Ms. Pratiksha Chaugule for Respondent No.2.
Mr. Nitin. B. Patil, APP for the Respondent-State.

...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 18th MARCH, 2026.

P. C. :

1. The applicant seeks regular bail in connection with C.R. No.

278/2025 dated 11/08/2025 registered with Gokul Shirgaon Police

Station, District Kolhapur for offences punishable under Sections 75,

64(1) of Bhartiya Nyaya Sanhita, 2023 and under Sections 4, 8 and

12 of Protection of Children from Sexual Offences Act, 2012.

2. The case of the prosecution is that on 10 th August 2025, at

approximately 12:30 hours, the applicant allegedly committed a

sexual assault with the Complainant's minor daughter.

Digitally
signed by
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2026.03.18
20:06:36
+0530

Sajakali Jamadar 1 of 4
18-BA-3773-2025 (CR).doc

3. Learned counsel for the applicant submits that the applicant is

falsely implicated in the alleged incident. The fact that the victim

was not subjected to medical examination deserves to be considered

and the material inconsistency revealed during the statement of

witnesses in relation to occurrence of alleged incident entails the

applicant to be admitted to the bail. There is no explanation for

delay in lodging the FIR. The Investigation is complete and charge-

sheet has been filed, further custody of the applicant is not

warranted.

4. Learned APP and learned counsel for Respondent No.2

vehemently opposed the application submitting that the victim is

minor girl and the applicant is aged about 58 years old. The

applicant has committed a heinous act and the impact of his release

on the mind of the victim and her family may also be considered.

Hence, prayed to reject the application.

5. Having heard the submissions from respective sides and upon

perusal of the record including charge-sheet prima facie indicates

that there are material inconsistencies in relation to the sequence of

events leading to the alleged incident. Apart from the aforesaid

aspects, the victim was not subjected to medical examination.

Sajakali Jamadar 2 of 4
18-BA-3773-2025 (CR).doc

Moreover, there is delay in lodging the FIR and the applicant has no

criminal antecedents. Therefore, there is a possibility of false

implication.

6. Considering that the applicant is a 58 years old person

suffering with the infirmities of his age and has undergone the

detention for a period of almost six months coupled with the fact

that the investigation is complete for all intents and purposes as

well as considering that the trial is unlikely to conclude within a

reasonable period, I am, persuaded to exercise the discretion in

favor of the applicant. However by imposing stringent conditions.

7. Hence, the following order:

ORDER

I. The bail application is allowed.

II. Applicant - Madanmohan Haripad Hajra be released on bail,
on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty
Thousand) with one or two local solvent sureties, in the like
amount, in connection with C.R. No. 278/2025 dated 11/08/2025
registered with Gokul Shirgaon Police Station, District Kolhapur for
offences punishable under Sections 75, 64(1) of the Bhartiya Nyaya
Sanhita, 2023 and under Sections 4, 8 and 12 of Protection of
Children from Sexual Offences Act, 2012, on the following
conditions :-

Sajakali Jamadar 3 of 4
18-BA-3773-2025 (CR).doc

(a) The Applicant shall not enter the locality where the
victim/informant resides, and shall not leave the
jurisdiction of Gokul Shirgaon Police Station till the
conclusion of the trial.

(b) The applicant shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.

(d) The applicant shall submit Aadhar and Pan Cards to
the Investigating Officer and detailed address and phone
numbers and two of the near relatives.

(e) In case of breach of any of the conditions by the
applicant, it is open for the Prosecution to approach the
concerned Court seeking cancellation of bail,
notwithstanding the fact that this Court has granted bail.

III. The Secretary, High Court Legal Services Sub-Committee,
Circuit Bench at Kolhapur to pay the fees to the learned
counsel appointed for the applicant and respondent
No.2/victim, as per schedule.

IV Needless to state that the observations rendered herein are
restricted to the extent of this application and the trial Court
shall not be influenced by the same.

[SACHIN S. DESHMUKH, J.]

Sajakali Jamadar 4 of 4

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