BAMANYA GUJARYA VALVIversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:23825
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                936 BAIL APPLICATION NO. 613 OF 2026

                                      Bamanya Gujarya Valvi
                                             VERSUS
                              The State Of Maharashtra And Another
                                                 ...
             Advocate for Applicant : Ms. Jakhade Rutuja L.
             APP for Respondent-State: Mr. S. D. Ghayal
             Advocate for Respondent No.2 : Mrs. Anagha Rotte
                                                 ...

                                     CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                     DATE         : 17.06.2026

             PER COURT :

             1.        Heard the learned counsel for the applicant, the learned APP for

             the respondent-State and the learned counsel for respondent No.2.

             2.        By this application, the applicant seeks release on bail in

             connection with Crime No.01 of 2026 registered with Molgi Police

             Station, District Nandurbar, for the offences punishable under Sections

             64(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4

             and 8 of POCSO Act.

             3.        The story of prosecution is such that the victim was grazing her

             cattle in the month of October 2025 when the applicant came from

             behind and committed penetrative sexual assault on her. Two months

             later i.e. on 28.12.2025 when she was feeling unwell, she visited a doctor

             along with her parents where she was found two months pregnant. Upon
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which, she informed her parents about the alleged incident that had

occurred two months back. She along with her father lodged the present

FIR and initiated the criminal prosecution.

4.        Learned counsel for the applicant submits that the applicant has

been falsely implicated in the present crime. It is submitted that the

applicant is about 65 years of age and, considering his age, the possibility

of his involvement in the alleged offence is highly doubtful. It is further

submitted that due to village rivalry and previous enmity, the name of the

present applicant has been implicated in the crime. The investigation is

almost complete and the applicant has co-operated with the Investigating

Agency throughout the course of investigation. Learned counsel for the

applicant invited my attention to the order passed by a Co-ordinate

Bench of this Court in Rupesh Tukaram Kondhalkar v. State of

Maharashtra & Anr. (Bail Application No.4504 of 2024 decided on

23.04.2025) wherein, in similar circumstances, the applicant therein was

granted bail. Therefore, the applicant deserves to be released on bail.

5.        It is submitted that when the matter was heard earlier, this Court

had directed the learned APP to place on record the DNA report. Today,

the DNA report is placed on record. Prima facie, the report indicates that

the applicant is excluded as the biological father of the foetus. Learned

counsel submits that this material supports the case of the applicant and

deserves consideration while deciding the present application.

6.        The learned APP and the learned counsel for respondent No.2
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strongly oppose the application. It is submitted that merely because the

DNA report does not support the prosecution case against the applicant,

the same cannot be treated as conclusive at this stage. It is further

submitted that the prosecutrix has specifically named the present

applicant in her statement and there is sufficient material available

against him. Therefore, the application deserves to be rejected.

7.        I have heard the learned counsel for the parties and perused the

record along with DNA Examination Report dated 15.06.2026. The report

suggests that the applicant is excluded to be biological father of foetus.

Therefore, prima facie, it appears that the applicant is least concerned

with paternity of the foetus. The Co-ordinate Bench of this Court in

Rupesh (supra), has granted bail to the applicant despite the DNA

Examination Report affirming paternity of applicant therein with the

concerned foetus. The said judgment would benefit the present applicant

as in the present case even the DNA of foetus does not match with the

applicant. After considering said DNA Examination Report, I am of the

opinion that the applicant has made out the case for grant of bail. Hence,

I proceed to pass following order:-

                                        ORDER

(i)       The application is allowed.

(ii)      The applicant namely, Bamanya Gujarya Valvi be released on bail in

connection with Crime No.01 of 2026 registered with Molgi Police
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Station, District Nandurbar, for the offences punishable under Sections

64(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4

and 8 of POCSO Act, on furnishing P.R. Bond of Rs. 15,000/- with a

solvent surety in the like amount to the satisfaction of the Trial Court.

(iii)     The release of the applicant shall be subject to the following
conditions :-
          A)   The applicant shall attend each and every date before the Trial
               Court unless exempted by the Trial Court.
          B)   The applicant shall not directly or indirectly make any
               inducement, threat or promise to any prosecution witness and
               shall not tamper with the prosecution evidence in any manner.
          C)   The applicant shall attend the concerned police station as and
               when required by an Investigation Officer for further
               investigation, if any.
          D)   The applicant shall not in any manner whatsoever contact the
               victim till the culmination of the Trial and shall not enter the
               territorial jurisdiction of the village where the victim resides.


8.        Needless to state that breach of any of the above conditions shall

entitle the prosecution to seek cancellation of bail.

9.        The observations made herein are prima facie in nature and the

learned Trial Court shall not be influenced by the same while deciding

the case on its own merits.

10.       The Bail Application stands disposed of accordingly.

11.       Bail before the Trial Court.

12.       Adv. Anagha Rotte, learned counsel appointed through legal aid for
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respondent No.2 be quantified to Rs.10,000/- for her assistance.




                                        [ SIDDHESHWAR S. THOMBRE ]
                                                  JUDGE