Bombay High Court
SANIL VASANT GAIKWADversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted bail to the accused on condition of a personal bond and sureties, subject to standard bail conditions.
Summary
The applicant, Sanil Vasant Gaikwad, was charged under Sections 64(2)(m), 138, 304(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly kidnapping and sexually assaulting a woman. The complainant initially alleged that three persons were involved, but later amended her statement to implicate only the applicant. The applicant had been in custody for over six months with no progress in the trial and no prior criminal record. The State argued that releasing him on bail could lead to absconding or intimidation of the complainant and witnesses. The Court, noting the change in the complainant’s statement, the applicant’s clean antecedents, the prolonged pre‑trial detention, and the lack of trial progress, granted bail on a Rs.30,000 personal bond with sureties and imposed conditions to prevent tampering with evidence or contacting witnesses.
Issues considered
- Whether bail can be granted in a case involving kidnapping and sexual assault under the Bharatiya Nyaya Sanhita, 2023.
- Whether the change in the complainant’s statement from three accused to a single accused affects the bail decision.
- Whether there is a sufficient risk of the accused absconding or influencing witnesses to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 138, 304(2), 64(2)(m)
Subjects
- bail
- kidnapping
- sexual assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- change of statement
- surety bond
- pre‑trial detention
Judgment
69-BA-4590-2025 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4590 OF 2025
Sanil Vasant Gaikwad … Applicant
Versus
The State of Maharashtra … Respondent
_________________________________________________________________
Digitally signed
SONALI
SATISH
by SONALI
SATISH
KILAJE
Date:
Mr. Kuldeep Nikam, Advocate for the Applicant.
KILAJE 2026.01.31
17:04:52
+0700
Mr. P. P. Jadhav, APP for the Respondent-State.
Mr. Siddhant H. Deshpande a/w. Mr. Abhishek Avachat, Advocate for
victim.
PSI - Anil Kerurkar, Lonavala City Police Station present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. By this application, the Applicant is seeking regular bail in
C.R.No. 287 of 2025 registered with Lonavala City Police Station, Pune, for
the offences punishable under Sections 64(2)(m), 138, 304(2), 115(2) of
Bharatiya Nyaya Sanhita, 2023 (for short “BNS Act”)
2. It is prosecution’s case that the applicant kidnapped first
informant in his car and sexually assaulted her by threatening her.
3. It is contention of learned counsel for the applicant that initially
the complaint was lodged by the first informant stating that three persons
forced her to sit the car, kidnapped her and sexually assaulted her by
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69-BA-4590-2025 (CR).doc
S.S.Kilaje
taking turns. Thereafter, she stated to the police that only applicant
kidnapped her in car stating that he will drop her at her house and
sexually assaulted her. There is change in statement of the complaint. The
applicant is behind bars for more than six months. There is no progress in
the trial. The applicant has no antecedents. Hence, requested to allow
the application.
4. It is contention of learned APP along with learned counsel for
the respondent No.2 that the applicant kidnapped first informant in his car
on the ground that he will drop her at her house and sexually assaulted
her. If the applicant is released on bail, he may abscond or threaten first
informant and prosecution witnesses. Hence, requested to reject the
application.
5. I have heard both the learned counsel. Perused chargesheet
and documents produced on record. It appears from the record that
initially complaint was lodged against three persons by the first informant
alleging that they kidnapped her and sexually assaulted her. Thereafter,
first informant has stated that the applicant kidnapped her and sexually
assaulted her. The applicant is behind bars for more than six months. The
complainant is major. There is no progress in the trial. Considering these
facts, I pass following order.
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69-BA-4590-2025 (CR).doc
S.S.Kilaje
ORDER
i. The applicant be enlarged on bail in C.R.No. 287 of
2025 registered with Lonavala City Police Station,
Pune, on executing P.R.Bond of Rs. 30,000/- on
furnishing one or two sureties in the like amount.
ii. The applicant shall attend the concerned police station
as and when required.
iii. The applicant shall not tamper with the evidence or
attempt to influence or contact the complainant,
witnesses or any person concerned with the case.
6. The application is allowed in the aforesaid terms and is
accordingly disposed of. All pending applications, if any, disposed of.
7. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
8. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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