1 33-Cr.BA-1173-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1173 OF 2026 Gajanan S/o Mahadeo Sawarkar -- VERSUS -- The State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. R.D. Karode, Advocate for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant No.1/State. Ms. Ketkee Pathe, Advocate (appointed) for the Non-applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 22, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.171/2025 for the offences punishable under Sections 64(1), 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station P.S. Borakhedi, District Buldhana. 3. The matter arises from a First Information Report (FIR) lodged by the informant, aged 19 years, alleging that her maternal uncle, Gajanan Mahadev Savarkar, repeatedly subjected her to sexual assault from 15th January, 2025, for few Piyush Mahajan 2026:BHC-NAG:12576 2 33-Cr.BA-1173-2026 weeks at their farm house near Bhortek Shivar, Taluka Motala, District Buldana. The informant stated that due to continuous death threats extended by the accused, she initially concealed the incidents, but ultimately disclosed the matter to her parents upon realizing she had become pregnant. Based on these allegations, First Information Report (FIR) came to be registered. 4. The learned counsel for the applicant submits that the victim is 19 years of age and the applicant is 50 years of age, however, the act between the applicant and the victim was consensual. He submits that since the victim is a major, she consented to the said act, and accordingly, she conceived, however, the pregnancy was aborted. The applicant is behind bars for one and a half years, and now the investigation is over and the charge sheet is filed. Therefore, considering the fact that the act between the applicant and the victim was consensual, the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. and the learned counsel for the victim vehemently oppose the application and submit that the applicant is the maternal uncle of the victim. The fields of the applicant and the victim are adjacent to each other. The applicant has taken undue advantage of the fact Piyush Mahajan 3 33-Cr.BA-1173-2026 that the applicant used to visit the house of the victim when the father and mother of the victim were outside. He further submits that considering the relationship, it was not expected from the applicant to have sexual intercourse with the victim. Considering the seriousness of the crime and the fact that in the DNA report the applicant was found to be the biological father of the fetus, under such circumstances, they submit that it is only the applicant who has committed the rape upon the victim, and therefore, the applicant does not deserve to be granted bail. 6. I have considered the submissions of both sides. It appears that the FIR was registered on 03/04/2025 when it was noticed that the victim was pregnant. No doubt, so far as the age of the victim is concerned, she was 19 years of age at the relevant time. It further appears that the applicant is maternal uncle of the victim and is 50 years of age. It further appears that the applicant has committed rape upon the victim when the father and mother went outside which is nothing but a betrayal of the relationship existing between them. The contention of the learned counsel for the applicant that the F.I.R. was belatedly registered as, when the victim was medically examined, she was found to be pregnant by 15 Piyush Mahajan 4 33-Cr.BA-1173-2026 weeks, however, she alleged the sexual intercourse occurred on 15/01/2025, whereas the F.I.R. was registered on 03/04/2025 deserves no consideration since considering the DNA report, it leaves no manner of doubt that it is the applicant who raped the victim. Considering the fact that the applicant is the maternal uncle and has committed sexual intercourse with the victim against her will, I am not inclined to grant bail, though the applicant is behind bars since one and a half years. Hence, the Criminal Application is rejected. Fees of the appointed counsel be quantified and paid as per rules. Pending miscellaneous application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 23/09/2026 15:11:55