1 18-Cr.BA-978-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 978 OF 2026 Digambar S/o Sahebrao Sadavarte -- 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. S.D. Chande, Advocate for the Applicant. Mr. U.R. Phasate, A.P.P. for the Non-applicant No.1/State. Mr. Atharva Dabli, Advocate (Appointed) for the Non- applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 25, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.137/2026 for the offences punishable under Section 127(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, registered with Police Station Pophali, District Nagpur. 3. The First Information Report was lodged by the informant alleging that on 30/04/2026, the accused took the informant’s 10 year old grandson to his house on the pretext of spending some time there. It is alleged that the Piyush Mahajan 2026:BHC-NAG:11086 2 18-Cr.BA-978-2026 accused thereafter behaved inappropriately with the child, following which the child managed to leave the house and narrated the incident to his grandparents. The informant thereafter informed the child’s parents and approached the police, pursuant to which the F.I.R. came to be registered. 4. The learned counsel for the applicant submits that, though the allegations are serious in nature, the punishment provided under Section 127(2) is up to one year, under Section 8 of the POCSO Act, is between 3–5 years, and under Section 12, it is up to 3 years. He submits that the allegations against the applicant are that he called the victim, who is a boy of 10 years, and asked the victim to touch his private part. He further submits that, apart from this, there are no allegations of any aggravated form of sexual assault. Under such circumstances, he submits that, considering the nature of allegations, the applicant be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the conduct of the applicant is highly objectionable. He has committed an offence against a minor. He further submits that the applicant has asked the minor to touch his private part. Under such circumstances, though the punishment is up to 5 Piyush Mahajan 3 18-Cr.BA-978-2026 years, the applicant may not be released on bail, considering the allegations. 6. I have considered the rival submissions. It appears from the allegations that the victim was made to touch the private part of the applicant. It further appears that the applicant is in jail from 4 months and the maximum punishment provided is up to 5 years. Though there are allegations against the applicant, however, considering the fact that the applicant is behind bars for the last 4 months and now the investigation is over and the charge-sheet is filed, I am inclined to grant bail by imposing stringent conditions. Hence, the following order:- O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Digambar S/o Sahebrao Sadavarte) be released on regular bail in connection with Crime No.137/2026 for the offences punishable under Section 127(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, registered with Police Station Pophali, District Nagpur, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Piyush Mahajan 4 18-Cr.BA-978-2026 Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence; (iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (v) The applicant shall not enter into the village Palshi, Taluka Umarkhed, District Yavatmal; (vi) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial subject to genuine reason to the satisfaction of trial court, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (viii) Fees of the appointed counsel be quantified and paid as per rules; Piyush Mahajan 5 18-Cr.BA-978-2026 (ix) Pending Misc. 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: 25/08/2026 18:20:37