Bombay High Court

KRUSHNA DNYANDEO DALAVIversusSTATE OF MAHARASHTRA AND ANR.

Decided: 8 May 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The Court granted bail to the accused with specified conditions.

Summary

Krushna Dnyandeo Dalavi was charged under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act, 2012 for allegedly attempting to sexually assault a five‑year‑old girl. He had been in custody for over twenty months, was more than 60 years old, and had no prior criminal record, while the trial had made little progress and the victim had not undergone a medical examination. The State argued that he might abscond or influence witnesses if released, whereas the defence highlighted his age, health, and the prolonged detention. The Court examined the charge‑sheet, noted the absence of a medical report, and considered the risk factors and the applicant’s right to bail. It granted regular bail on the condition of a Rs 30,000 personal bond with sureties, and imposed strict conditions prohibiting contact with the victim, witnesses, tampering with evidence, and entry into the jurisdiction of the Hinjewadi Police Station until trial completion.

Issues considered

Whether bail should be granted in a case of alleged sexual assault of a minor under the BNS 2023 and POCSO Act, considering the accused’s age, prolonged pre‑trial detention, and alleged risk of tampering with evidence or influencing witnesses.
Whether the absence of a medical examination report of the victim affects the bail decision.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 64(2)(z), 65(2), 74
Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 10, 12, 3(b), 4, 7, 8, 9(M)

Subjects

bail
sexual assault
child sexual abuse
POCSO
Bharatiya Nyaya Sanhita
trial delay
age of accused
surety bond
court conditions

Judgment

                                                      907-BA-910-2026 (CR).docx

Rohit Ghuge

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                      BAIL APPLICATION NO. 910 OF 2026

Krushna Dnyandeo Dalavi                               ...APPLICANT
VERSUS
State Of Maharashtra And Anr.                         ...RESPONDENTS
_________________________________________________________________
Mr. Onkar Mane i/b Mr. S. S. Khilare, Advocate for Applicant.
Mr. P. P. Jadhav, APP for Respondent No.1-State.
Mr.Tarish V. Sathe, Advocate for Respondent No. 2.
_________________________________________________________________
                                       CORAM      :   SHIVKUMAR DIGE, J.
                                       DATE       :   8th MAY, 2026.
P.C. :
1.            By this application, the applicant is seeking regular bail in

Crime No. 1008 of 2024 registered with Hinjewadi Police Station, for the

offences punishable under Sections 74, 64(2)(z), 65(2) of the Bharatiya

Nyaya Sanhita, 2023 and Sections 3(b), 4, 7, 8, 9(M), 10, 12 of The

Protection of Children from Sexual Offences (POCSO) Act, 2012.

2.            It is prosecutions case on 13th December, 2024 applicant tried to

sexually assault the minor daughter of first informant.

3.            It is contention of learned counsel for the applicant, the

applicant is behind bars for more than twenty months and he is more than

60 years' old. He has no antecedents. There is no progress in the trial and

requested to allow the application.

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

Respondent No. 2 that the victim was five years' old. The applicant tried to

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Rohit Ghuge

sexually assault her. If he released on bail, he may abscond or threaten and

prosecution witnesses, and requested to reject the Application.

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

documents produced on record.

6.            There is no medical report of victim. It appears from that,

victim refused to undergo medical examination. Applicant is behind bars

for more than 20 months. He is more than 60 years' old. There is no

progress in the trial. It may take time to conclude the trial.

7.            Considering these facts, I pass following order.



                                      ORDER

        (i) The applicant be enlarged on bail in in Crime No. 1008 of

              2024 registered with Hinjewadi Police Station, on executing

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

              the like amount.

        (ii) The applicant shall attend the concerned police station as and

              when required.

        (iii) The applicant shall not tamper with the evidence or attempt to

              influence or contact the victim, witnesses or any person

              concerned with the case.

        (iv) The applicant shall not enter in the jurisdiction of Hinjwadi

              Police Station till conclusion of the Trial.

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Rohit Ghuge

              The application is allowed in the aforesaid terms and is

accordingly disposed of.

8.            It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

9.            All concerned to act on the authenticated copy of this order.




                                                       (SHIVKUMAR DIGE, J.)




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