NILAM v. The State Of Maharashtra & Anr.

Mr.Shailesh Kharat a/w Mr.Onkar Chudhari, Mr.Vishwajeet Nimbalkar, for the Applicant. Mr.S.S. Pednekar, APP for Respondent-State. Ms.Janaki Patil, for Respondent No.2. ____________________________________________________________ CORAM DATE : : SHIVKUMAR DIGE, J. 17th FEBRUARY 2026 P.C. : . By this Application, the Applicant is seeking regular bail in Crime No.95 of 2025, registered with Sahakar Nagar Police Station, Pune, for the offences punishable under Sections 64, 64(2)(i)(m), 65(2), 96, 137(2), 115(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ for short).

#2. It is prosecution’s case that the Applicant sexually assaulted the minor daughter of the First Informant. N.S.Kamble

#3. It is contention of learned counsel for the Applicant that there was love affair between the Applicant and victim. At the time of the incident, the victim was more than 15 years old. In the victim’s statement recorded under Section 164, she has stated that she had love affair with the Applicant and she has not stated anything against the Applicant. The Applicant is behind bars for more than eleven months. The Applicant has no antecedents. There is no progress in trial, and requested to allow the Application.

#4. It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant was aware about the age of the victim. In spite of that, he sexually assaulted her. If the Applicant released on bail, he may abscond or threaten victim, First Informant 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. At the time of the incident, the victim was more than 16 years old. The statement recorded under Section 164 of Cr.P.C. of victim shows that she had love affair with the Applicant. She has not mentioned about sexual assault by the Applicant in the said statement. N.S.Kamble The Applicant is behind bars for more than eleven months. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial.

#7. Considering these facts, I pass following order. ORDER (i) The Applicant-Aadesh Dayanand Jadhav be released on bail in Crime No.95 of 2025, registered with Sahakar Nagar Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount. (ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses. (iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicant shall attend the concerned Police Station as and when required. (v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)