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Bombay High Court

SHYAM SHANTARAM THORATversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant subject to a personal bond of Rs.25,000, sureties, and conditions prohibiting witness tampering.

Summary

The High Court considered a bail application filed by Shyam Shantaram Thorat, who was charged under Sections 64, 74, 75 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 for allegedly sexually assaulting a 17‑year‑old girl in his car. The applicant claimed he was falsely implicated as retaliation for a complaint he lodged against the local police. The prosecution argued that the offence was serious, the victim was a minor, and the applicant might abscond or tamper with witnesses. After hearing counsel and reviewing the charge‑sheet, the court held that bail could be granted provided a personal bond of Rs.25,000 with sureties and strict conditions not to influence evidence or witnesses. The trial court was directed to continue the trial on its merits without prejudice from the bail order.

Issues considered

  • Whether bail should be granted in a case involving alleged sexual assault of a minor under BNS and POCSO provisions.
  • Whether the applicant poses a risk of absconding or tampering with witnesses.
  • Whether the applicant's claim of false implication due to a prior police complaint affects the bail decision.

Legislation cited

Subjects

  • bail
  • sexual assault
  • minor
  • POCSO
  • Bharatiya Nyaya Sanhita
  • witness tampering
  • false implication
  • criminal procedure

Judgment

                                                                                              20-BA-606-2026 (CR).doc



                               N.S.Kamble


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL BAIL APPLICATION NO. 606 OF 2026

                               Shyam Shantaram Thorat                      ...Applicant
                               VERSUS
                               The State Of Maharashtra And Anr            ...Respondents
NILAM
            Digitally signed
        by NILAM
                               ____________________________________________________________
        SANTOSH
SANTOSH KAMBLE
KAMBLE Date: 2026.04.30
        15:06:48 +0530         Mr.Sanjiv Sawant a/w Mr.Samir Suryawanshi and Ms.Bhakti Wast, for the
                               Applicant.
                               Ms.R.D. Humane, APP for Respondent-State.
                               Mr.Harshwardhan M. Pawar, for Respondent No.2.
                               Mr.S.B. Karbhat, ASI, Manchar Police Station, Pune Road.
                               ____________________________________________________________
                                                                 CORAM : SHIVKUMAR DIGE, J.
                                                                 DATE           : 28th APRIL 2026

                               P.C. :

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

                               Crime No.0007 of 2026 registered with Manchar Police Station, Pune, for

                               the offences punishable under Sections 64, 74, 75 of the Bharatiya Nyaya

                               Sanhita, 2023 (‘BNS’ for short) and Sections 4,6,8 and 12 of the Protection

                               of Children from Sexual Offences Act, 2012 (‘POCSO’ for short).

                               2.           It is prosecution’s case that on 2 nd January 2026 between 8.00 to

                               9.00 p.m. the Applicant took the First Informant in his car on the ground

                               that he will drop her to her requisite place and sexually assaulted her by

                               inserting finger in her private part by threatening her.


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                                                              20-BA-606-2026 (CR).doc



N.S.Kamble


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

Applicant has been falsely implicated in this case as the Applicant has lodged

complaint against the Police Authority of that area, and to take revenge of it

the false case is filed against the Applicant. The learned counsel further

submitted that there is no reason for the First Informant to sit in the

Applicant’s car and it was not possible for the Applicant to undress the First

Informant while driving the car and inserting finger in her private part. The

Applicant is social worker, and requested to allow the Application.

4.           It is contention of learned APP along with learned counsel for

Respondent No.2 that the Applicant took the victim in his car stating that

he will drop her at the place where her friend was filling petrol in

motorcycle but he sexually assaulted her by inserting finger in her private

part. She was 17 years and five months old. If the Applicant released on

bail, he may abscond or threaten First Informant and prosecution witnesses,

and requested to reject the Application.

5.           I have heard all learned counsel. Perused charge-sheet.

6.           In the FIR, it is mentioned that the Applicant took the First

Informant in his car and by threatening her, undressed her and inserted

finger in her private part. At the time of the incident, the victim was more

than 17 years and five months old whereas the Applicant was 45 years old.


                                   Page 2 of 4
                                                              20-BA-606-2026 (CR).doc



N.S.Kamble


The victim states that the Applicant locked the door of car but it appears

that the Applicant did not have any weapon to threaten the victim, and the

learned counsel for the Applicant produced the Application given to higher

authority of the police, making complaints against the Police in Manchar

area. Whether this complaint is relevant to the alleged offence is part of the

trial. Investigation is completed, charge-sheet is filed, victim was unknown

to the Applicant.

7.           In view of above, I pass following order.

                                    ORDER

              (i)       The Applicant be released on bail Crime No.0007 of

              2026 registered with Manchar 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.


                                    Page 3 of 4
                                                          20-BA-606-2026 (CR).doc



N.S.Kamble


             (v)   Application is allowed in the aforesaid terms.



                                            (SHIVKUMAR DIGE, J.)




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