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Bombay High Court

SAINATH EKNATH SAVARversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the applicant subject to conditions.

Summary

The applicant, aged 19 at the time of the alleged incident, was charged under IPC Section 376 and POCSO Sections 4, 6 and 8 for allegedly assaulting a minor in a toilet. The victim later testified that no incident occurred, claiming family pressure, while the applicant's wife, an alleged eyewitness, was not recorded by the investigating officer. After three years of incarceration and a pending trial with numerous witnesses, the court considered the seriousness of the offences, the victim's current stance, and the delay in trial. The court noted the victim’s consent to bail and the lack of immediate risk to the investigation. Consequently, the court granted bail with standard conditions, emphasizing that the trial court would decide the case on its merits.

Issues considered

  • Whether bail should be granted in a case involving alleged rape and POCSO offences when the victim now denies the incident and claims family pressure.
  • Whether the length of pre‑trial detention and trial delay justify bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • minor victim
  • family pressure
  • pre‑trial detention
  • trial delay
  • criminal procedure

Judgment

                                                905-BA-751-2026.DOC




Ajit Pathrikar



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 751 OF 2026

Sainath Eknath Savar                               ...Applicant
     Versus
The State Of Maharashtra And Anr.                  ...Respondents

Mr. Rajas Naik a/w Vishal Bhogle, for the Applicant.
Mr. Mayur Sonavane, APP for the State-Respondent.
Ms. Harshita Nag, for Respondent No.2.
Ms. Munira Palanpurwala, Amicus Curiae, is present.


                       CORAM           DR. NEELA GOKHALE, J.
                       DATED:          27th FEBRUARY 2026
PC:-


1.        The Applicant seeks his release on bail in connection

with C.R. No. 2 of 2023 dated 2 nd January 2023 registered

with the Wada Police Station, Palghar for the offences

punishable under Section 376 of the Indian Penal Code, 1860

(“IPC”) and Sections 4, 6 and 8 of the Protection of Children

from Sexual Offences Act, 2012 (“POCSO”).



2.        The case of the prosecution, in brief, is that the

Applicant was 19 years of age at the time of the incident. On


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1st January 2023, when the victim went to the toilet outside

her house, the Applicant entered the toilet and sexually

assaulted her. She went to the police station and filed a

complaint pursuant to which, the FIR was registered. Thus,

the Applicant was arrested on 2nd January 2023.



3.    The Applicant made an application seeking bail before

the Additional Sessions Judge, Bhiwandi. However, by order

dated 3rd January 2026, the said application was rejected.

Hence, the Applicant is before this Court seeking the relief as

prayed.



4.    Mr. Rajas Naik, learned counsel for the Applicant, has

placed on record the statement of the victim recorded by the

Trial Court in the course of the trial. According to Mr. Naik,

the victim herself has clearly stated before the Trial Court that

no such incident has taken place and she had never informed

the police as such. He submits that thus, the Applicant is

falsely implicated in the offence and the Applicant be released

on bail.


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5.   Mr. Mayur Sonavane, learned APP, states that the offence

is serious. He submits that the fact that the victim has

recorded in her statement stated that no such incident has

taken place, itself indicates that she has been intimidated by

the Applicant’s family. Mr. Sonavane states that this is because

the Applicant/Accused is the cousin brother of the victim and

the family does not want to proceed with the case. It is in this

context, Mr. Sonavane states that the victim may have

deposed as such before the Trial court under the pressure and

control of the family members. He thus prays that the Bail

Application be rejected.



6.   At the very outset, Ms. Harshita Nag, learned counsel

appearing for the victim, submits that the victim has informed

her that she does not want to proceed with the matter as she

is married and also has delivered a child out of the wedlock.

She supports the case of the Applicant and states that the

victim has no objection to enlarge the Applicant on bail.




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7.    Considering that the victim was a minor at the time of

the incident and that Ms. Nag has informed me that the victim

herself has given consent to the grant of bail to the Applicant,

I deemed it appropriate to appoint an advocate from the Legal

Aid Services Authority of this Court to take instructions

directly   from   the   victim.         Accordingly,   Ms.   Munira

Palanpurwala, learned Advocate, was appointed to take

instructions from the victim directly and inform the Court as

to the status. Not so surprisingly, Ms. Palanpurwala was not

permitted by the father of the victim to talk to her. However,

she does confirm that the victim is in the hospital and has

delivered a child from her marriage. Accordingly, she also

states that the father of the Complainant has insisted that they

do not want to proceed with the case and has no objection for

the bail to be granted to the Applicant.



8.    I have heard learned counsel appearing for the

respective parties and perused the record with their

assistance.




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9.   Unfortunately, a young girl/victim appears to be

controlled by her family members considering there is familial

relationship between the victim and the Applicant. Prima

facie, it appears that the victim has deposed before the Trial

Court that the said incident never happened, under pressure

of the family members. I have perused the FIR very carefully.

In fact, the victim girl, in her statement along with the FIR,

has clearly stated that the Applicant’s wife also came over

there and immediately upon seeing his wife, the Applicant ran

away and the victim donned her clothes and returned to the

house. Thereafter, she informed her parents and grandparents

regarding the said incident. It is very disturbing to note that

the Investigating Officer has failed to record the statement of

the Applicant’s wife, since the Applicant’s wife was an

eyewitness to the entire incident.



10. Be that as it may, at this stage, the Applicant has

suffered incarceration for three years and there are 13

witnesses more to be examined before the Trial Court.




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Admittedly, the trial is not likely to conclude in the near

future. The Applicant is also a young boy of 25 years. Further,

admittedly, the victim herself is married and has delivered a

child from the wedlock with her husband.


11. In view of the aforesaid, no purpose will be served by

continued incarceration of the Applicant in custody. Hence, I

am inclined to grant relief to the Applicant and it is ordered as

under:

                                ORDER

i)     The Applicant be enlarged on bail, on executing PR

Bond in the sum of Rs.30,000/- with one or two local sureties

in the like amount;


ii)    The Applicant shall attend the Trial Court concerned on

each and every date as directed, till the conclusion of the trial,

save and except if the Applicant is exempted from appearance

by orders of the Trial Court.


iii)   If the Applicant holds a passport, he shall deposit the

same with the Police Station concerned;


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iv)      The Applicant shall not leave India, without permission

of the trial Court;



v)       The Applicant shall not tamper or attempt to influence

or contact the complainant, witnesses or any person

concerned with the case;



vi)      The Applicant shall inform his latest place of residence

and mobile contact number immediately after being released

and / or change of residence or mobile details, if any, from

time to time to the Court seized of the matter and to the

Investigating Officer of the concerned Police Station;



vii)     The Applicant to co-operate with the conduct of the

trial;



viii) Any infraction of the aforesaid conditions shall entail

cancellation of bail.



12. The Bail Application is allowed in the above terms and is

accordingly disposed of.


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13. It is made clear that the observations made herein are

prima facie and are confined to this Application and the Trial

Judge to decide the case on its own merits, uninfluenced by

the observations made herein.



14. The Court acknowledges and appreciates the assistance

rendered by Ms. Munira Palanpurwala.



                                             (Dr. Neela Gokhale, J)




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