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Bombay High Court

JAYESH ANANTA JADHAVversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the accused subject to stringent conditions.

Summary

The High Court considered a bail application filed by Jayesh Ananta Jadhav, who was charged under IPC sections 376, 376(2)(n), 376(2)(j) and POCSO sections 4, 6, 8 for alleged sexual offences against a minor. The prosecution alleged that the accused had a consensual relationship with the victim, which later resulted in pregnancy, after which the victim reported the matter. The victim and her mother, represented by an appointed amicus, expressed no objection to bail, noting that the investigation was complete. The State opposed bail, emphasizing the victim’s minority and the seriousness of the offences. The Court, after weighing the lack of objection, the completion of investigation, and the conditions imposed, granted bail with strict conditions and clarified that the order does not comment on guilt.

Issues considered

  • Whether bail should be granted in a case involving alleged rape and sexual offences against a minor under IPC and POCSO.
  • Whether the victim’s and mother’s lack of objection and the completion of investigation justify release on bail.

Legislation cited

Subjects

  • bail
  • rape
  • sexual offences
  • minor
  • POCSO
  • IPC
  • criminal procedure
  • court conditions

Judgment

PRASAD                                         501_BA_4924_2025.DOC


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION
             BAIL APPLICATION NO.4924 OF 2025

Jayesh Ananta Jadhav                              …. Applicant
     V/s.
The State of Maharashtra and Anr.                 … Respondents


Mr. Hamidullah Khan, for the Applicant.
Mr. V.A. Kulkarni, APP for the Respondent – State.
Mr.Gaurav Borse, appointed as amicus for First Informant.
Mr. Prabhakar Patil, Vasai Police Station, present.
The victim along with her mother present.


                         CORAM: SHYAM C. CHANDAK, J.
                         DATED : 31st JULY 2026
P.C.:-

.        Not on Board. Upon mentioning, taken on Production
Board.

2.       The victim and her mother are present in the Court. They
requested for legal aid. Therefore, Mr. Gaurav Borse, learned
Advocate, is appointed as an amicus to represent and espouse the
cause of Respondent No.2.

3.       Heard Mr. Khan, learned Counsel for the Applicant, Mr.
Kulkarni, learned APP, for Respondent No.1 – State and Mr.
Borse, the learned amicus appointed for Respondent No.2.

4.       Present Application seeking bail in connection with C.R.
No.378 of 2023 dated 29.11.2023, registered with Vasai Police
Station, for offence punishable under Sections 376, 376(2)(n) and
376(2)(j) of the Indian Penal Code, 1860 (for short, ‘I.P.C.’)and
Sections 4, 6 and 8 of the Protection of Children from Sexual
Offences Act, 2012 (for short, ‘POCSO’).
                              Page 1 of 3
PRASAD                                             501_BA_4924_2025.DOC



5.       Briefly stated, the prosecution case is that in the year 2021,
the Applicant used to reside in the neighbour of the victim and
therefore they had got acquaintance with each other. Once, the
victim had been to the place of work of the Applicant to meet him.
At that time, the Applicant had promised that he would marry her
and further demanded for sexual favour. The two then had
physical relation. Thereafter, many a times they had physical
relation at the same place and at certain beach. The last such
incident had occurred in August 2023. Consequently, the victim
became pregnant and, when she told that fact to the Applicant, he
disappeared. Therefore, the victim filed a report leading to
registration of aforesaid crime, arrest of the Applicant. The
investigation is complete and charge-sheet has been filed. The
learned Special Court declined to release the Applicant on bail.

6.       Mr. Kulkarni, learned APP has submitted that taking
advantage of the fact that victim was a minor, the Applicant has
committed the aforesaid offence. Therefore, bail be refused.

7.       Record indicates that, there was love relationship between
the Applicant and the victim. Consequently, the two entered into
physical relationship. It is only when the victim became pregnant,
she disclosed about the physical relationship to her family. The
victim and her mother through Mr. Borse, learned amicus, have
stated that they have no objection if the Applicant is released on
bail. Since investigation is over, further detention of the Applicant
is no more required.

8.       In view thereof, I am inclined to allow the Application.
Hence, following order:-




                                Page 2 of 3
                                     PRASAD                                                501_BA_4924_2025.DOC



                                              (i)     The Applicant – Jayesh Ananta Jadhav, be released
                                              on bail in aforesaid C.R. No.378 of 2023 registered with Vasai
                                              Police Station, on his executing P.R. Bond in the sum of
                                              Rs.50,000/- with one or two sureties in the like amount.

                                              (ii)    The Applicant shall mark his attendance at Vasai
                                              Police Station, Thane on 1st day of each calender month
                                              between 11:00 a.m. to 2:00 p.m. till conclusion of the trial.

                                              (iii)   The Applicant shall regularly attend the proceedings
                                              before the jurisdictional Court unless exempted.

                                              (iv)    The Applicant shall not tamper with the prosecution
                                              evidence and shall not directly or indirectly influence upon
                                              the prosecution witnesses to prevent them from deposing
                                              against him.

                                              (v)     On being released from jail, the Applicant shall
                                              furnish his contact number and residential address to the
                                              Investigating Officer and shall keep him updated, in case
                                              there is any change.

                                              (vi)    By way of abundant caution, it is clarified that the
                                              observations made hereinabove are confined for the purpose
                                              of determination to the entitlement for bail and they may not
                                              be construed as an expression of opinion on the guilt or
                                              otherwise of the Applicant and the trial Court shall not be
                                              influenced by any of the observations made hereinabove.

                                     9.        Bail Application stands disposed of in aforesaid terms.



               Digitally signed by
                                                                        (SHYAM C. CHANDAK, J.)
               PRASAD
PRASAD         RAJENDRASING
RAJENDRASING   RAJPUT
RAJPUT         Date: 2026.08.03
               13:21:12 +0530
                                                                       Page 3 of 3


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