Dilwale 1 971-BA-1065-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 971 BAIL APPLICATION NO. 1065 OF 2026 Pardes Dagdu Bhosle VERSUS The State Of Maharashtra And Another ... Advocate for Applicant : Mr. Parghane Madhukar M., C. S. Kale APP for Respondents: Mr. S. V. Hange Advocate for Respondent No.1 : Mr. Tupe Rajendra Gorakhanath ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17.06.2026 PER COURT : 1. Heard the learned counsel for the applicant and the learned APP for the Respondent-State. 2. By this application, the applicant seeks his release on bail in connection with Crime No. 0275 of 2026 registered with Police Station Nava Mondha, Dist. Parbhani, for the offences punishable under Sections 64(2)(f), 64(2)(m), 115(2), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 4 and 25 of the Arms Act, 1959. 3. The brief story of prosecution is that the victim girl who is daughter of present applicant, went with applicant to bring clothes from their house situated at Bori. Her father stopped motorcycle near a field, asked the victim to drink alcohol and upon her refusal, beat her and threatened her with scythe and committed penetrative sexual assault. 2026:BHC-AUG:23922 Dilwale 2 971-BA-1065-26.odt 4. The learned counsel for the applicant, Mr. Parghane, submits that the applicant is in no way concerned with the present crime. According to him, the prosecution story is false, concocted and imaginary, and the applicant has been falsely implicated in the crime. He further submits that the victim girl has filed an affidavit stating that she lodged the FIR under the pressure of her mother. It is contended that her father used to assault her mother and, in order to relieve her mother from his clutches, she lodged the present FIR. It is further submitted that the crime has been registered out of anger and vengeance against the applicant and that he is behind bars without any justifiable cause. Therefore, he prays to enlarge the accused on bail. 5. The learned APP strongly opposes the present bail application. He submits that the applicant is the father of the victim girl and is alleged to have committed sexual assault upon her. According to him, grant of bail to such an applicant would have serious repercussions on society. He further submits that the offences alleged against the applicant are heinous in nature and are punishable with imprisonment exceeding seven years. It is contended that, apart from committing penetrative sexual assault, the applicant had also physically assaulted the victim by using weapons. He, therefore, submits that the applicant does not deserve to be enlarged on bail. 6. Having heard the learned counsel for the respective parties and upon perusal of record, it is not disputed that the offence alleged is of Dilwale 3 971-BA-1065-26.odt serious nature and it involves penetrative sexual assault by father on his own daughter. I have also perused affidavit filed by victim wherein she has stated that she filed the present FIR due to continuous beating by her father to her mother. To relieve her mother permanently from the clutches of her father, she filed the present FIR. Considering this fact, I am of the opinion that further incarceration of applicant is unwarranted as investigation must have been substantially completed. By imposing appropriate conditions, applicant can be enlarged on bail. 7. Hence, the following order : ORDER (i) The application is allowed. (ii) The applicant – Pardes s/o Dagdu Bhosle shall be released on bail in connection with Crime No. 0275 of 2026 registered with Nava Mondha Parbhani Police Station, Parbhani,, on furnishing P.R. bond of Rs.15,000/- and a solvent surety in the like amount to the satisfaction of the Trial Court. (iii) The release of the applicant shall be subject to the following conditions :- A) The applicant shall attend concerned police station every Sunday at 10:00 am to 2:00 pm till the filing of chargesheet. B) The applicant shall not in any manner whatsoever contact victim or her mother till the conclusion of trial. C) The applicant shall not enter the territorial jurisdiction of the village where victim and her mother reside. Dilwale 4 971-BA-1065-26.odt D) The applicant shall not directly or indirectly make any inducement, threat or promise to any prosecution witness and shall not tamper with the prosecution evidence in any manner. 8. Needless to state that breach of any of the above conditions shall entitle the prosecution to seek cancellation of bail. 9. The observations made herein are prima facie in nature and the learned Trial Court shall not be influenced by the same while deciding the case on its own merits. 10. The Bail Application stands disposed of accordingly. 11. Bail before the Trial Court. [ SIDDHESHWAR S. THOMBRE ] JUDGE