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Bombay High Court

AADESH DAYANAND JADHAVversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that bail should be granted to the applicant subject to a cash bond and surety conditions.

Summary

The High Court considered the bail application of Aadesh Dayanand Jadhav, accused in Crime No.95 of 2025 of offences under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act. The prosecution alleged that Jadhav sexually assaulted the minor daughter of the first informant, while the victim’s statement under Section 164 indicated a consensual love affair and no allegation of assault, noting she was over 15 years old at the time. The applicant had been in custody for over eleven months, had no prior criminal record, and the trial had made little progress. The court examined the risk of absconding or witness tampering raised by the prosecution and weighed it against the lack of a complaint by the victim and the delay in trial. Concluding that the circumstances did not warrant continued detention, the court granted bail on a cash bond of Rs.25,000 with sureties and imposed conditions to prevent evidence tampering and ensure attendance before police.

Issues considered

  • Whether bail should be granted to an accused charged under multiple sections of the Bharatiya Nyaya Sanhita and the POCSO Act for alleged sexual assault of a minor.
  • Whether the victim’s statement indicating a consensual relationship and her age at the time negates the seriousness of the charges for bail considerations.
  • Whether the risk of absconding, tampering with evidence, or influencing witnesses outweighs the applicant’s right to bail given the trial delay and lack of antecedents.

Legislation cited

Subjects

  • bail
  • sexual assault
  • minor
  • consent
  • POCSO
  • BNS
  • trial delay
  • surety
  • criminal procedure

Judgment

                                                                                              12-BA-4622-2025.doc



                              N.S.Kamble


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL BAIL APPLICATION NO. 4622 OF 2025


                              Aadesh Dayanand Jadhav                                      … Applicant
                                    Versus
                              The State Of Maharashtra And Anr.                           … Respondents
                              ____________________________________________________________
           Digitally signed
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE                Mr.Shailesh Kharat a/w Mr.Onkar Chudhari, Mr.Vishwajeet Nimbalkar, for
KAMBLE Date: 2026.02.18
           18:35:36 +0530
                              the Applicant.
                              Mr.S.S. Pednekar, APP for Respondent-State.
                              Ms.Janaki Patil, for Respondent No.2.
                              ____________________________________________________________
                                                                CORAM : SHIVKUMAR DIGE, J.
                                                                DATE           :   17th FEBRUARY 2026

                              P.C. :

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

                              Crime No.95 of 2025, registered with Sahakar Nagar Police Station,

                              Pune, for the offences punishable under Sections 64, 64(2)(i)(m),

                              65(2), 96, 137(2), 115(2), 351(2) 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.

                                                                 Page 1 of 3
                                                           12-BA-4622-2025.doc



N.S.Kamble


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

there was love affair between the Applicant and victim. At the time of

the incident, the victim was more than 15 years old. In the victim’s

statement recorded under Section 164, she has stated that she had love

affair with the Applicant and she has not stated anything against the

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

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 was aware about the age of the

victim. In spite of that, he sexually assaulted her. 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 16

years old. The statement recorded under Section 164 of Cr.P.C. of

victim shows that she had love affair with the Applicant. She has not

mentioned about sexual assault by the Applicant in the said statement.

                                 Page 2 of 3
                                                                12-BA-4622-2025.doc



N.S.Kamble


The Applicant is behind bars for more than eleven 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-Aadesh      Dayanand     Jadhav        be

              released on bail in Crime No.95 of 2025, registered with

              Sahakar Nagar 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.)

                                  Page 3 of 3


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