Order 300926aba819.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 819 OF 2026. Shivam Gajanan Tayde -VERSUS- State of Maharashtra and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri H.V. Dhage, Advocate for the Applicant. Shri U.R. Phasate, A.P.P. for Non-applicant No.1/State. Ms K.A. Bhagat, Advocate (Appointed) for Non-applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 30, 2026. Heard. 2. The applicant is apprehending his arrest in connection with Crime No.539/2026 registered with Shegaon Police Station, District Buldhana for the offences punishable under Sections 75, 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 3. The learned Counsel for the applicant submits that the first information report was registered almost after 3 days of Rgd. 2026:BHC-NAG:13038 Order 300926aba819.26 2 the incident. The alleged incident had occurred on 22.08.2026, whereas the first information report is lodged on 25.08.2026. It is further submitted that the allegations in the first information report are that, on the said date at about 12.30 p.m. when the victim came out of her house for taking the clothes which were kept for drying, at that time the applicant, who is her neighbor, had shown his private part to the victim. The victim got frightened by the said act and immediately disclosed the same to her parents. It is further submitted that no such incident had occurred, however, since both the families were not on good terms, the applicant has been implicated in the crime. Further the maximum punishment provided is of 3 years, and therefore, he therefore, prayed for grant of anticipatory bail. 4. On the other hand the learned A.P.P. and learned Counsel for the victim vehemently opposed the application by contending that the victim is just 10 years of age. They further submit that the allegations made in the first information report are serious in nature, that the applicant has shown his private part to the victim. They further submit that statement of victim under Section 183 goes to show that not only the applicant had shown his private part, but, also asked the victim to touch the Rgd. Order 300926aba819.26 3 same. In such circumstances, considering the age of the victim, the seriousness of the crime, the applicant does not deserve to be granted anticipatory bail. 5. Upon consideration of the submissions canvassed by the parties, it is apparent that maximum punishment provided is of 3 years, however, that by itself is not sufficient to grant anticipatory bail. Perusal of the first information report reveals that on 22.08.2026 at about 12.30 p.m. when the victim had come out of the house for taking up dry clothes, at that time the applicant has shown his private part to the victim. Perusal of Section 183 statement of victim also supports the allegations made in the first information report, so also she has stated that the applicant had asked her to touch her private part. Though prima facie it appears that the allegations are serious in nature, however, the fact remains that the first information report was registered after three days, infact though it was tried to explain in the later part stating that as mother-in-law of the informant was ill, they were required to rush to their native place, and therefore, they could not lodge the report immediately. Be that as it may, considering the nature of allegations and further no aggravating factors are disclosed, I am inclined to grant bail to Rgd. Order 300926aba819.26 4 the applicant. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) In the event of arrest of applicant – Shivam Gajanan Tayde, in connection with Crime No.539/2026 registered with Shegaon Police Station, District Buldhana for the offences punishable under Sections 75, 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) he be released on anticipatory bail on furnishing PR bond of Rs. 25,000/- with one solvent surety in the like amount. (iii) The applicant shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. as well as, as and when called by the Investigating Officer. (iv) The applicant shall not tamper with the prosecution evidence in any manner. (v) The applicant shall not misuse this grant of bail. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 01/10/2026 12:25:50