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2025 DAILYLAW 2498 (BOM)

JAYESH ANANTA JADHAV v. THE STATE OF MAHARASHTRA

BA/4924/2025 · 2026-07-31

Shri Shyam C Chandak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

PRASAD 501_BA_4924_2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4924 OF 2025 Jayesh Ananta Jadhav …. Applicant V/s. The State of Maharashtra and Anr. … Respondents Mr. Hamidullah Khan, for the Applicant. Mr. V.A. Kulkarni, APP for the Respondent – State. Mr.Gaurav Borse, appointed as amicus for First Informant. Mr. Prabhakar Patil, Vasai Police Station, present. The victim along with her mother present. CORAM: SHYAM C. CHANDAK, J. DATED : 31st JULY 2026 P.C.:- . Not on Board. Upon mentioning, taken on Production Board. 2. The victim and her mother are present in the Court. They requested for legal aid. Therefore, Mr. Gaurav Borse, learned Advocate, is appointed as an amicus to represent and espouse the cause of Respondent No.2. 3. Heard Mr. Khan, learned Counsel for the Applicant, Mr. Kulkarni, learned APP, for Respondent No.1 – State and Mr. Borse, the learned amicus appointed for Respondent No.2. 4. Present Application seeking bail in connection with C.R. No.378 of 2023 dated 29.11.2023, registered with Vasai Police Station, for offence punishable under Sections 376, 376(2)(n) and 376(2)(j) of the Indian Penal Code, 1860 (for short, ‘I.P.C.’)and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO’). Page 1 of 3 PRASAD 501_BA_4924_2025.DOC 5. Briefly stated, the prosecution case is that in the year 2021, the Applicant used to reside in the neighbour of the victim and therefore they had got acquaintance with each other. Once, the victim had been to the place of work of the Applicant to meet him. At that time, the Applicant had promised that he would marry her and further demanded for sexual favour. The two then had physical relation. Thereafter, many a times they had physical relation at the same place and at certain beach. The last such incident had occurred in August 2023. Consequently, the victim became pregnant and, when she told that fact to the Applicant, he disappeared. Therefore, the victim filed a report leading to registration of aforesaid crime, arrest of the Applicant. The investigation is complete and charge-sheet has been filed. The learned Special Court declined to release the Applicant on bail. 6. Mr. Kulkarni, learned APP has submitted that taking advantage of the fact that victim was a minor, the Applicant has committed the aforesaid offence. Therefore, bail be refused. 7. Record indicates that, there was love relationship between the Applicant and the victim. Consequently, the two entered into physical relationship. It is only when the victim became pregnant, she disclosed about the physical relationship to her family. The victim and her mother through Mr. Borse, learned amicus, have stated that they have no objection if the Applicant is released on bail. Since investigation is over, further detention of the Applicant is no more required. 8. In view thereof, I am inclined to allow the Application. Hence, following order:- PRASAD 501_BA_4924_2025.DOC (i) The Applicant – Jayesh Ananta Jadhav, be released on bail in aforesaid C.R. No.378 of 2023 registered with Vasai Police Station, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at Vasai Police Station, Thane on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted. (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove. 9. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.08.03 13:21:12 +0530