Bombay High Court
AADESH DAYANAND JADHAVversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 137(2), 351(2), 64, 64(2)(i)(m), 65(2), 96
- Code of Criminal Procedure, 1973 — s. 164
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8
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.
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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.
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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.)
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