SAMBHAJI BALAJI TIDKEversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:4636
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                    BAIL APPLICATION NO. 61 OF 2026

                                         SAMBHAJI BALAJI TIDKE
                                                 VERSUS
                                      THE STATE OF MAHARASHTRA
                                                     ...
                            Advocate for Applicant : Mr. Prashant M. Nagargoje
                                  APP for Respondent : Mr. B. B. Bhise
                                                     ...

                                             CORAM :        SACHIN S. DESHMUKH, J.
                                             DATE       :   02-02-2026
                PER COURT:-

                1.     The applicant seeks bail in connection with Crime No.386 of

                2024 dated 13.11.2024 registered with Loha Police Station, District

                Nanded, for the offences punishable under Sections 64(1), 65(1),

                107, 212 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6,

                8, 12, 17 and 21 of the Protection of Children From Sexual

                Offences Act, 2012 with Sections 9, 10, 11 of the Child Marriage

                Restraint Act.     In the said crime, the applicant was arrested on

                11.01.2025. After completion of the investigation, the chargesheet

                is filed.

                2.     The prosecution case is that on 07.11.2024, an Accidental

                Death case was registered under Section 194 of the BNSS, 2023.

                Although the victim’s father initially claimed she was happily

                married, later alleged that she committed suicide on 05.11.2024

                due to frustration caused by her husband’s frequent absences as a

                truck driver. During the inquiry, the Investigating Officer secured a
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School Leaving Certificate on 11.11.2024, which recorded the

victim's Date of Birth as 06.05.2010. Further evidence from a

marriage invitation card confirmed the wedding took place on

12.05.2023, revealing the victim was barely 13 years old at the

time. The investigation alleges that the husband, parents, and in-

laws knowingly performed the marriage of a minor and provided

false information to the police regarding her age. Consequently,

the first information report is lodged.

3.    The learned counsel for the applicant submits that the

applicant has been in custody since 11.01.2025 without charges

being framed, and with no conclusive evidence, such as primary

school   records,   to   prove   the   deceased's   minority   or    his

involvement in document fabrication. There are no specific

allegations of instigation, cruelty, or overt acts under Section 107

of the BNS, and the postmortem report confirms an absence of

physical injuries. Furthermore, the proximity between the applicant

and the incident is severed as the suicide occurred at the

deceased's parental home, and the unexplained delay in filing the

FIR suggests that the same is afterthought. It is submitted that

the investigation is complete and the chargesheet is filed.         The

alleged compromise document is unsigned and inadmissible. The

applicant is the sole breadwinner of his family submits that

continued incarceration of the applicant serves no purpose.

Hence, prayed to release the applicant on bail.
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4.    The learned A.P.P. has opposed the application, submitting

that the applicant, despite being fully aware of the victim’s

minority, entered into an illegal marriage and subjected her to

non-consensual physical relations against her will. This continuous

exploitation directly drove the minor to commit suicide, satisfying

the ingredients of a grave and heinous offence.     The offence is

serious in nature. The role of the applicant is direct the

circumstances leading to the victim's death, his release would

undermine the gravity of the act; therefore, prayed to reject the

application.

5.    Having heard the respective counsel from both the sides and

upon perusal of the material on record, including the charge sheet

indicates that the applicant was the husband of the deceased

victim and is behind bar since 11.01.2025.

6.    Further, prima facie there is no specific material on record

indicating harassment, cruelty or illtreatment to the deceased

victim at the hands of the applicant. The postmortem report does

not confirm any injury on the body of the deceased victim.        As

such, further incarceration of the applicant would be unjustified.

Further, the co-accused has been granted bail by the Court.

7.    The investigation is complete for all intent and purpose,

resultantly, the chargesheet is filed. Having regard to the number

of the accused and the witnesses which the prosecution proposes

to examine, it is very unlikely that the trial can be commenced and
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concluded within a reasonable period. In any case the report is

lodged after an unexplained delay. As such, further detention of

the applicant as an under-trial prisoner, in the circumstances of

the case does not seem to be either warranted or justifiable. I am,

therefore, persuaded to exercise the discretion in favour of the

applicant.

8.     Hence, the order:-

                                 ORDER

(i)   The bail application is allowed.
(ii) Applicant, Sambhaji Balaji Tidke, be released on bail, upon
      furnishing P.R. bond in the sum of Rs.50,000/- (Rs.ifty
      Thousand) with one or two local solvent sureties, in the like
      amount, in connection with Crime No.386 of 2024 dated
      13.11.2024 registered with         Loha   Police Station, District
      Nanded, for the offences punishable under Sections 64(1),
      65(1), 107, 212 of the Bharatiya Nyaya Sanhita, 2023 and
      Sections 4, 6, 8, 12, 17 and 21 of the Protection of Children
      From Sexual Offences Act, 2012 with Sections 9, 10, 11 of the
      Child Marriage Restraint Act, on the following conditions:-
      (a)    The applicant shall not pressurize the prosecution
             witnesses and tamper with the prosecution evidence,
             in any manner.
      (b)    The applicant shall attend the trial on each and every
             date unless exempted by the trial Court and shall not
             leave the area of jurisdiction of the concerned Police
             Station till conclusion of the trial.
      (c)    The applicant shall submit Aadhar and Pan Cards to the
             Investigating Officer and detailed address and phone
             numbers and two of the near relatives.
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        (d)   In case of breach of any of the conditions by the
              applicant, it is open for the Prosecution to move this
              Court seeking cancellation of bail.
(iii)     Needless to state that the observations rendered herein are
          to the extent of this application and the trial Court shall not
          be influenced by the same.




                                    [SACHIN S. DESHMUKH, J.]

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