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Bombay High Court

RAMA SUSHIL KANOJIYAversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The court granted bail to the applicants, Rama Sushil Kanojiya and Meena Suresh Jain, subject to conditions.

Summary

The High Court considered bail applications filed by Rama Sushil Kanojiya and Meena Suresh Jain, who were charged in Crime No.0247 of 2025 for offences under the Bharatiya Nyaya Sanhita, the POCSO Act and the Prohibition of Child Marriage Act. The prosecution alleged that the accused were part of an organised group that arranged fake marriages, cheated families by taking gold and cash, and were involved in child sexual offences, while the defence contended that the applicants were merely relatives of the girl and had no direct participation. The court noted that the investigation was complete, a charge‑sheet had been filed, and the maximum punishment for the offences attributable to the applicants was seven years. Weighing the nature of the allegations against the limited severity of the punishments, the court held that continued incarceration would not serve any useful purpose. Consequently, the court granted bail to both applicants subject to a personal bond and several conditions, including weekly police reporting and non‑interference with witnesses.

Issues considered

  • Whether the applicants, charged with offences under the Bharatiya Nyaya Sanhita, POCSO Act and Prohibition of Child Marriage Act, are entitled to bail pending trial.

Legislation cited

Subjects

  • bail
  • fake marriage
  • cheating
  • child sexual offences
  • child marriage
  • organized crime
  • undertrial detention
  • bail conditions

Judgment

2026:BHC-AUG:24549
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              902 BAIL APPLICATION NO. 867 OF 2026

                                      RAMA SUSHIL KANOJIYA
                                               VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER
                                                 ...
               Mr. Sachin P. Sonawane, Advocate for Applicant.
               Mr. V. K. Kotecha, APP for Respondent No.1-State.
               Mr. Yash A. Jadhav, Advocate for Assist to A.P.P.
                                                 …
                                                WITH
                                 NOT ON BOARD, TAKEN ON BOARD
                                 BAIL APPLICATION NO.824 OF 2026

                                     MEENA SURESH JAIN
                                          VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER

                                        CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                        DATE     :       22nd JUNE, 2026

               P.C.:-

               1.        Bail Application No.824 of 2026 is not on board, taken on

               board.

               2.        Heard learned Advocate Mr. Sachin P. Sonawane for the

               Applicants, learned Additional Public Prosecutor Mr. V. K. Kotecha for

               Respondent No.1–State, and Mr. Yash A. Jadhav, learned Advocate

               appointed to assist the prosecution.

               3.        The prosecution case in brief is that the Informant and

               Janhavi Borse were friends. In January 2025, Janhavi Borse and her

               mother, Meena Borse, called the Informant, along with her friends
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Harshal and Roshan, to Meena Borse's house. There, they accused the

Informant of committing theft from Meena Borse's house. The

Informant requested one month's time regarding the allegation. After

one month, Meena Borse again contacted the Informant by phone. The

Informant informed Manisha Jain about these phone calls and the

harassment caused by Meena Borse. Manisha Jain told the Informant

that if she was in need of money, she could arrange a fake marriage for

her. Due to the continuous harassment and pressure exerted by Meena

Borse, the Informant gave her consent to the proposal made by

Manisha Jain. Thereafter, the Informant was married to Ashish

Gangadhare. All the accused persons assured the Informant that they

would bring her back within one month and instructed her to maintain

physical relations with Ashish Gangadhare during that period.

However, even after the lapse of one month, when the Informant

repeatedly requested all the accused persons to take her back, they

threatened her by stating that they would lodge a false FIR against her

if she continued to insist.

4.        By the present applications, the Applicants seek their release

on regular bail in connection with Crime No.0247 of 2025 registered

on 04.07.2025 with Ramanand Nagar Police Station, District Jalgaon,

for the offences punishable under Sections 96, 64, 64(2)(m), 351(1)

and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 4, 8 and 12 of
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the Protection of Children from Sexual Offences Act, 2012 (POCSO

Act), and Sections 9 and 10 of the Prohibition of Child Marriage Act,

2006.

5.        Learned Advocate for the Applicants submits that the

Applicants stand on the same footing and, therefore, both applications

may be considered together.

6.        Learned Advocate for the Applicants submits that, at the

highest, the allegations against the Applicants are that they were

members of a group which approached families with marriage

proposals. It is alleged that marriages were performed on the basis of

such proposals and that, thereafter, the bride was made to stay with the

husband for some time. Subsequently, gold ornaments and cash were

allegedly taken away, thereby cheating the concerned families.


7.        In Bail Application No.867 of 2026, it is alleged that the

Applicant was residing with the girl as her relative. After the marriage

was performed and after residing for some time at the matrimonial

home, the girl allegedly left with gold ornaments and cash. The learned

Advocate submits that the Applicants are merely relatives of the girl

and have been falsely implicated. According to him, there is no

material to indicate their direct involvement in the alleged acts.


8.        Learned Advocate for the Applicants further submits that

even if the allegations are accepted as they stand, the maximum
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punishment prescribed for the offences attributed to the Applicants is

up to seven years' imprisonment. He points out that the investigation is

complete and the charge-sheet has already been filed. He submits that

the Applicants are ready to abide by any condition that may be

imposed by this Court and, therefore, deserve to be enlarged on bail.


9.        Per contra, learned APP Mr. V. K. Kotecha and Mr. Yash A.

Jadhav, learned Advocate assisting the prosecution, strongly opposed

the applications. They submit that the Applicants are part of an

organised group which targeted families by arranging marriages on

false pretences. According to the prosecution, after the marriage and

after staying for some time with the family of the groom, the girl, along

with the other accused, would leave the matrimonial home carrying

gold ornaments and cash received at the time of marriage. It is

submitted that this was the modus operandi adopted by the accused

persons to cheat innocent families. They further submit that the victim

girl herself was being used in the said racket and that all the accused

persons were actively involved in the commission of the offences.


10.       I have considered the submissions advanced by the learned

Advocates for the respective parties and perused the charge-sheet. As

regards the offences under the POCSO Act, the allegations are

primarily against Accused No.7. So far as the present Applicants are

concerned, the allegations indicate that they were residing with and
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assisting the girl and were related to the events surrounding the

marriage. The investigation is now complete and the charge-sheet has

been filed. Considering the nature of the allegations against the

Applicants and the fact that the maximum punishment prescribed for

the offences attributable to them is up to seven years, I am of the view

that no useful purpose would be served by keeping the Applicants

incarcerated as undertrial prisoners. Accordingly, the following order is

passed:

                                 ORDER

     I.    The applications are allowed.

     II.   Applicants – Rama Sushil Kanojiya and Meena Suresh

           Jain be released on bail in connection with Crime

           No.0247 of 2025 registered on 04.07.2025 with

           Ramanand Nagar Police Station, District Jalgaon, for the

           offences punishable under Sections 96, 64, 64(2)(m),

           351(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023,

           Sections 4, 8 and 12 of the Protection of Children from

           Sexual Offences Act, 2012 (POCSO Act), and Sections 9

           and 10 of the Prohibition of Child Marriage Act, 2006, on

           executing a P.R. Bond of Rs.15,000/- (Rupees Fifteen

           Thousand only) each with one solvent surety in the like

           amount, subject to the following conditions:
                            6 of 7                  902-BA.867.2026



    (a) The Applicants shall report to the concerned police

         station on every week till conclusion of the trial. If

         they indulgent in similar type of offences, learned

         APP and learned Advocate for Respondent No.2 are

         at liberty to file application for cancellation of bail.

    (b) The Applicants shall attend each and every date

         before the learned Trial Court, till conclusion of trial

         unless specifically exempted.

    (c) The Applicants shall not directly or indirectly make

         any   inducement,       threat   or   promise    to   any

         prosecution witness and shall not tamper with the

         prosecution evidence.

    (d) In the event of breach of the condition, it will be

         open for the prosecution or the complainant to

         approach the concerned Court for cancellation of

         bail notwithstanding the fact that this Court has

         passed this order of granting bail to the Applicant.

III. Needless to state that the observations made herein are

    prima facie in nature and confined to the adjudication of

    the present bail application. The Trial Court shall not be

    influenced by any of the observations made in this order

    while deciding the case on its own merits.
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                 IV.   Bail before the learned Trial Court.


          11.          The fees of Mr. Yash A. Jadhav, learned Advocate appointed

          to assist the prosecution, are quantified at Rs.6,000/- each and shall be

          paid     through    the   High   Court       Legal   Services   Sub-Committee,

          Aurangabad.


                                                (SIDDHESHWAR S. THOMBRE, J.)

Tauseef


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