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Bombay High Court

AVAINASH S/O VILAS ATHAVEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court granted bail to the accused with a cash bond and surety, subject to conditions prohibiting evidence tampering and witness intimidation.

Summary

The High Court considered a bail application filed by Avinash, who is charged under the Bharatiya Nyaya Sanhita, 2023 (sections 137, 64 and 2(i)(m)) and the Protection of Children from Sexual Offences Act, 2012 (sections 4, 6 and 8) for allegedly kidnapping and sexually assaulting the minor daughter of the first informant. The applicant contended that the victim was over 17 years old, that the relationship was consensual, and that he had no prior criminal record, having been in custody for over eight months while the trial remained pending. The prosecution argued that the victim was a minor, that the accused was aware of her age, and that he might tamper with evidence or threaten witnesses if released. After hearing both sides and reviewing the charge‑sheet and victim’s statement, the court noted the victim’s age as more than 17 and the lack of antecedents, and concluded that bail could be granted with conditions to prevent interference with the investigation. The court ordered the applicant’s release on bail upon furnishing a bond of Rs.25,000 with sureties and imposed standard conditions.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged kidnapping and sexual assault of a minor under BNS and POCSO provisions
  • Whether the age of the alleged victim and the possibility of tampering with evidence or influencing witnesses affect the bail decision

Legislation cited

Subjects

  • bail
  • kidnapping
  • sexual assault
  • minor
  • POCSO
  • BNS
  • age of consent
  • trial delay
  • surety

Judgment

                                                                                              11-BA-4179-2025.doc



                              N.S.Kamble


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL BAIL APPLICATION NO. 4179 OF 2025


                              Avinash S/o Vilas Athave                                    … Applicant
                                    Versus
                              State Of Maharashtra And Anr                                … Respondents
                              ____________________________________________________________
           Digitally signed
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE                Mr.Bharat Londe, for the Applicant (Through V.C.)
KAMBLE Date: 2026.02.18
           18:35:36 +0530
                              Mr.P.P. Jadhav, APP for Respondent-State.
                              Ms.Sonali Kunekar, for Respondent No.2.
                              Mr.Tudhjeet Bhosale, PSI, Bharati Vidyapeeth Police Station, Pune.
                              ____________________________________________________________
                                                                CORAM : SHIVKUMAR DIGE, J.
                                                                DATE           :   17th FEBRUARY 2026

                              P.C. :

                              .             By this Application, the Applicant is seeking regular bail in

                              Crime No.153 of 2025, registered with Bharati Vidyapeeth Police

                              Station, Pune, for the offences punishable under Sections 137, 64

                              subsequently added Section 2(i)(m) Bharatiya Nyaya Sanhita, 2023

                              (‘BNS’ for short) and Sections 4,6 and 8 the Protection of Children

                              from Sexual Offences Act, 2012 (‘POCSO’ for short) in Special Case

                              No.625 of 2025 filed before learned Sepcial Judge, Pune.




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                                                             11-BA-4179-2025.doc



N.S.Kamble


2.           It is prosecution’s case that the Applicant kidnapped the

minor daughter of the First Informant and sexually assaulted her.

3.           It is contention of learned counsel for the Applicant that at

the time of the incident, the victim was more than 17 years old. The

Applicant had love affair with victim. The victim herself went with the

Applicant. The Applicant is behind bars for more than eight months.

The Applicant has no antecedents. It may take time to conclude the

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 was aware about the age of the

victim.      The victim was minor and Applicant kidnapped her and

sexually assaulted her.      The Applicant may possess some obsense

photographs of the incident. If the Applicant released on bail, he may

abscond or threaten Victim, First Informant 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, the victim was more than 17

years old. After perusing the statement of the victim, it appears that she

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                                                                11-BA-4179-2025.doc



N.S.Kamble


had love affair with the Applicant and she herself had gone with the

Applicant. The Applicant is behind bars for more than eight months.

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-Avinash S/o Vilas Athave, be
              released on bail in Crime No.153 of 2025 registered with
              Bharati Vidyapeeth Police Station, Pune, on furnishing PR
              bond of Rs.25,000/- with one or two solvent sureties in the
              like amount.
              (ii)     The Applicant shall not tamper with the evidence
              and/or influence the prosecution witnesses.
              (iii)    The Trial Court shall decide the case on its own
              merits and in accordance with law, uninfluenced by the
              observations made in this order.
              (iv)     The Applicant shall attend the concerned Police
              Station as and when required.
              (v)      Application is allowed in the aforesaid terms.


                                                 (SHIVKUMAR DIGE, J.)




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