Bombay High Court
AAKASH RAJU RAIKARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court granted bail to the accused with conditions, despite the seriousness of the offence.
Summary
The High Court considered the bail application of Aakash Raju Raikar, accused of raping his 15‑year‑old cousin and impregnating her, offences punishable under Section 376(F) of the IPC and Section 6 of the POCSO Act. The applicant had been in custody for more than nine years without the trial concluding. The prosecution argued that the accused might abscond or tamper with witnesses if released. The court noted the lengthy pre‑trial detention, the absence of prior criminal antecedents, and the completion of some witness testimony, but also imposed conditions to prevent interference with the investigation. Consequently, the court granted regular bail on a personal bond of Rs.25,000 with sureties, subject to non‑tampering and attendance requirements. The trial court was directed to continue the trial on its merits.
Issues considered
- Whether bail should be granted to an accused of rape of a minor under IPC 376(F) and POCSO 6 after prolonged pre‑trial detention.
Legislation cited
- Indian Penal Code, 1860 — s. 376(F)
- Protection of Children from Sexual Offences Act, 2012 — s. 6
Subjects
- bail
- rape
- minor
- IPC 376(F)
- POCSO Act
- pre‑trial detention
- criminal procedure
Judgment
52-BA-4779-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4779 OF 2025
Aakash Raju Raikar … Applicant
Versus
The State of Maharashtra and Anr. … Respondents
____________________________________________________________
Digitally signed
NILAM by NILAM
SANTOSH
Mr.Vaibhav Chandanshive, for the Applicant.
SANTOSH KAMBLE
KAMBLE Date: 2026.02.16 Mr.B.B. Kulkarni, APP for Respondent-State.
15:48:14 +0530
Mr.Rajabhau S. Chaudhari, for Respondent No.2.
Mr.Yogesh Pathane, PSI, Lonikalbhor Police Station, Pune City.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 12th FEBRUARY 2026
P.C. :
. By this Application, the Applicant is seeking regular bail in Crime
No.1077 of 2016 registered with Loni Kalbhor Police Station, Pune, for the
offence punishable under Section 376(F) of the Indian Penal Code, 1860
(‘IPC’ for short) and Section 6 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
First Informant who was 15 years old and impregnated her.
3. It is contention of learned counsel for the Applicant that the
Applicant is behind bars for more than nine years and two months, yet trial has
Page 1 of 3
52-BA-4779-2025.doc
N.S.Kamble
not been concluded. At the time of the incident, victim was 15 years old. The
minimum punishment for the offence applied against the Applicant is ten
year’s. 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 sexually assaulted the victim who is his
cousin and impregnated her. If the Applicant released on bail, he may abscond
or threaten victim 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. The Applicant is behind bars for more than nine years and two
months, yet trial has not been concluded. The Applicant has no antecedents.
The evidence of some witnesses have been completed. It may take time to
conclude the trial.
7. Considering these facts, I pass following order.
ORDER
(i) The Applicant-Aakash Raju Raikar, be released on bail
in Crime No.1077 of 2016 registered with Loni Kalbhor Police
Station, Pune, on furnishing PR bond of Rs.25,000/- with one or
two solvent sureties in the like amount.
Page 2 of 3
52-BA-4779-2025.doc
N.S.Kamble
(ii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iv) The Trial Court shall decide the case on its own merits
and in accordance with law, uninfluenced by the observations
made in this order.
(v) The Applicant shall attend the concerned Police Station
as and when required.
(vi) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
Page 3 of 3
Checking your session…