Bombay High Court
SHLOK MAHESH JADHAVversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
- Bench
- R M JOSHI
Holding
The court granted bail to the applicant with conditions.
Summary
The applicant, Shlok Mahesh Jadhav, was charged under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the POCSO Act for allegedly forcing a minor to consume alcohol and then having sexual intercourse with her twice, once with a contraceptive pill. The victim’s statement was consistent, but the medical report found no genital injuries, and the defence argued lack of corroboration and the applicant’s clean record. The prosecution maintained that a reliable victim statement suffices for conviction and that injuries are not mandatory in sexual assault cases. The court noted the legal principle that a consistent victim statement can support conviction, yet observed the absence of medical corroboration. Considering the applicant’s young age, lack of prior criminal history, and the anticipated length of trial, the court granted bail with strict conditions, including a bond, non‑contact orders, and restriction from the police jurisdiction until the victim’s evidence is recorded.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the alleged sexual offences under BNS and POCSO.
- Whether the victim’s consistent statement, in the absence of medical corroboration, is sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 64(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8
Subjects
- bail
- sexual assault
- POCSO
- victim statement
- medical evidence
- age of accused
- no prior record
- court conditions
Judgment
64-BA-4790-2025.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.4790 OF 2025
Shlok Mahesh Jadhav …Applicant
Versus
State of Maharashtra and Anr. …Respondents
Mr. Niranjan Mundargi, with Keral Mehta, i/b Ketki Gadkari, for
the Applicant.
Mr. Ashok S. Gawai, APP for the Respondent-State.
Ms. Priyanka Chavan (Appointed), for the Respondent No.2.
CORAM: R. M. JOSHI, J.
DATED: 9th MARCH, 2026.
PC:-
1. This Application is for enlargement on bail in connection
with the Crime No. I-370 of 2025 registered with the Manikpur
Police Station, Mira-Bhayander, Vasai-Virar for the offences
punishable under Section 64(1) of the Bharatiya Nyaya Sanhita,
2023 (‘BNS’) and Sections 4, 8 and 12 of the Protection of Children
from Sexual Offences Act, 2012 (‘POCSO Act’).
2. As per the First Informant, who is the father of the Victim
Girl, on 14th October 2025, an incident occurred in which the
Victim was compelled to consume liquor and, while under its
influence, she was subjected to forcible sexual intercourse by the
Applicant. In the First Information Report so also in the statement
of the Victim, the incident has been detailed. In connection with
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the said crime, the Applicant came to be arrested. On conclusion of
the investigation, the charge-sheet is filed.
3. Learned counsel for the Applicant submits that the statement
of the Victim with regard to the forcible sexual intercourse being
committed by the Applicant with her is not supported by the
statements of the friends, who were present in the house at the
relevant time. It is his submission that if it is the case of the Victim
that she was subjected to the sexual intercourse twice, which as
per her own version, lasted for more than 15-20 minutes, it is
practically impossible that there would not be any injury to the
private parts of the Victim, much less the hymen would remain
intact. To support his submission, he took this Court to the medical
report of the Victim wherein there is a finding recorded by the
Medical Officer of this case being not of forcible sexual intercourse.
It is further submitted that the Applicant is about 18 years of age
and has no criminal history behind him.
4. The learned APP and the learned counsel for the Respondent
No.2-Victim, oppose the Application. It is the contention of the
learned counsel for the Victim that that the statement of the Victim
recorded by the Police, so also given to the Medical Officer is
consistent and hence, reliable. It is her submission that it is a
settled position of law that reliable statement of the Victim would
be sufficient for conviction of the Accused without seeking any
corroboration thereto. She further submits that it is also a settled
position that there need not be any injuries caused to the Victim of
the sexual assault. According to the learned APP, there are
statements of the friends of the Victim and Accused, which would
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64-BA-4790-2025.DOC
indicate that the incident had occurred as narrated by the Victim.
The learned APP apprehends that there is possibility of
pressurizing of the Victim by the Applicant if he is enlarged on bail.
Learned counsel for the Applicant in response thereto on
instructions, makes a statement that the Applicant will not enter
into the jurisdiction of the Manikpur Police Station till evidence of
the Victim is recorded before the Trial Court.
5. There is no dispute about the position of law that consistent
statement of a Victim, which is free from doubt, can become basis
of the conviction of the Accused without seeking further
corroboration thereto. Similarly, in each case, it is not necessary
that injuries would cause to the genitals of the Victim in case of
sexual assault. In the instant case, however, question arises as to
whether the said principle would be applied at this stage for the
reason that the Victim specifically states about she being subjected
to the sexual intercourse twice one by using contraceptive and
another without contraceptive. Thus, it is not the case of the Victim
that there was any attempt or even slight penetration, in order to
hold that there would not be any injury to the genitals and the
hymen would not get torn. Prima facie, Victim’s contention if is
accepted, then, the same would lead to causing of tear to the
hymen. On the face of it, medical evidence does not indicate so.
6. The story of the prosecution apart from the statement of the
Victim is based upon the Accused purchasing contraceptive pill
from the medical store and administrating the same to the Victim.
A specific query is made to the learned APP with regard to the
evidence in this regard. On the basis of the material in the charge-
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sheet, learned APP was unable to point out any evidence indicating
the contraceptive pill being purchased and administered to the
Victim. Thus, except for the statement of the Victim, there is no
material on record to hold so.
7. In the afore-stated facts, more particularly, when the trial is
not likely to get over in a short period of time and having regard to
the age of the Applicant with no criminal history, this Court finds it
appropriate to allow the Application. Hence, the following order:-
ORDER
(i) The Bail Application is allowed.
(ii) The Applicant be enlarged on bail in connection with Crime
No. I-370 of 2025 registered with the Manikpur Police Station,
Mira-Bhayander, Vasai-Virar by furnishing P. R. Bond of Rs.15,000/-
with one surety in the like amount to the satisfaction of the Trial
Court.
(iii) The Applicant not to contact the Victim or witnesses in any
manner whatsoever.
(iv) The Applicant to attend all the dates of hearing before the
Trial Court unless exempted by passing a specific order.
(v) The Applicant not to enter the local jurisdiction of the
Manikpur Police Station till the evidence of the Victim is recorded
and completed before the Trial Court.
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8. The Bail Application stands disposed of.
(R. M. JOSHI, J.)
{
SHAMBHAVI
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI NILESH
SHIVGAN
Date: 2026.03.09
18:34:12 +0530
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