908-BA-317-2026 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 317 OF 2026 Bhairavnath Vasant Gaikwad VERSUS The State of Maharashtra And Ors. ... Mr. Shankar Katkar, Advocate for Applicant. Mr. P. P. Deokar, APP for the Respondent-State. Ms. Rajnandini P. Katkar, appointed Advocate for the Respondent No.3. ... CORAM : SACHIN S. DESHMUKH, J. DATE : 8th MAY, 2026 P. C. : 1. The applicant seeks regular bail in connection with C.R. No. 806 of 2025 dated 04.10.2025 registered with Mangalvedha Police Station, District Solapur, for the offences punishable under Sections 64(1), 65(1), 74, 75, 78, 79, 137(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 4, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012. 2. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the case. There is inordinate delay in lodging the complaint. The applicant is in custody since 04.10.2025 i.e. for more than Seven months. Investigation is completed and the Sajakali Jamadar 1 of 4 SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2026.05.08 15:40:10 +0530 908-BA-317-2026 (CR).doc charge-sheet is filed. The trial is unlikely to conclude within a reasonable period. As such, further incarceration of the applicant is unjustified. Hence, prayed to allow the application. 3. Per contra, learned APP assisted by the learned counsel representing Respondent No.3 opposed the application submitting that the offence is serious in nature. The minor girl was stalked and sexually assaulted by the present applicant. An apprehension is also expressed that if the applicant is enlarged on bail, there is every possibility of tampering prosecution witnesses. Hence, prayed to reject the application. 4. Having heard the submissions from the respective sides and upon perusal of the record including charge-sheet indicates that the applicant and victim were known to each other for a considerable period. The statement of the victim prima facie indicates that the relationship of the victim and the applicant was disapproved by the parents. Consequently, it appears that the relationship turned sour. Later on, the victim and the applicant went and stayed with the aunt of the applicant, where there are allegations of the alleged sexual assault. Sajakali Jamadar 2 of 4 908-BA-317-2026 (CR).doc 5. Given the totality of the circumstances, leading to events unfolded, prima facie there is a possibility of over implication. Nevertheless, the investigation is complete for all intent and purposes. The age of the applicant is 22 years, as such, further detention of the applicant may amount to pre-trial detention which is neither justified nor warranted. 6. As far as the apprehension expressed by the learned A.P.P. in relation to tampering prosecution witnesses is concerned, the same can be adequately taken care of by imposing stringent conditions. I am, therefore, persuaded to exercise the discretion in favour of the applicant. 7. Hence, the order :- O R D E R I. The bail application is allowed. II. Applicant - Bhairavnath Vasant Gaikwad be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with C.R. No. 806 of 2025 dated 04.10.2025 registered with Mangalvedha Police Station, District Solapur, for the offences punishable under Sections 64(1), 65(1), 74, 75, 78, 79, 137(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 4, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012, on Sajakali Jamadar 3 of 4 908-BA-317-2026 (CR).doc the following conditions :- (a) The applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner. (b) The applicant shall not enter the jurisdiction of Mangalvedha Police Station till conclusion of trial except attending the dates before the concerned Court. (c) The applicant shall attend the trial on each and every date unless exempted by the trial Court. (d) The applicants shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address, where they are likely to reside as well as their own phone numbers and that of their two near relatives. (e) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to approach the concerned Court seeking cancellation of bail, notwithstanding the fact that this Court has granted bail. III. Needless to state that the observations rendered herein are to the extent of this application and the trial Court shall not be influenced by the same. IV. Learned counsel appointed to represent Respondent No.3 be paid professional fees as per Rules. [SACHIN S. DESHMUKH, J.] Sajakali Jamadar 4 of 4