948ba650-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 948 BAIL APPLICATION NO. 650 OF 2026 Mukesh Shoukilal Charmakar (Saket) VERSUS The State Of Maharashtra And Another ... Mr. Bachate Pralhad D., Advocate for the Applicant Mr. S. A. Gaikwad, APP for the Respondent-State CORAM : HITEN S. VENEGAVKAR, J. Dated : 18th August, 2026 PER COURT :- 1. Heard the learned Advocate for the applicant and learned APP for the State alongwith the learned Advocate appearing for the complainant. I have also perused the entire charge-sheet annexed to the present application with their assistance. 2. By this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant, seeks regular bail in connection with Crime No.376 of 2025 registered with Jalgaon Taluka Police Station, District Jalgoan, for the offences punishable under Sections 64(2)(m), 65(1), 351(3) and 353(3) of the Bharatiya Nyaya Sanhita, 2023 alongwith Sections 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. The prosecution alleges that the incident occurred during the period from 01.05.2025 till 20.09.2025. The First Information Report 1 of 5 2026:BHC-AUG:37593 948ba650-26 (FIR) came to be registered on 19.12.2025 and the applicant came to be arrested on 26.01.2026. The investigation is complete and charge sheet has already been filed. 4. It is the case of the prosecution that the victim was acquainted with the applicant who was working with her father. According to the victim, the applicant came to her house when her parents were away and subjected her to forcible sexual intercourse. She alleges that he threatened to kill her and her family members, if she discloses the incident to her parents or anybody else. She has further stated that the applicant thereafter subjected her to forcible sexual intercourse on 3 or 4 occasions. The matter came to light when the victim suffered heavy bleeding, omitting and fever and for medical treatment was taken to the hospital. The medical record refers to the pregnancy followed by spontaneous and natural abortion. 5. The learned counsel appearing for the applicant subsist that the applicant is also of a tender young age of 23 years old. The victim was also approaching the age of majority and both the families were working as labourers. The FIR was lodged almost after three months after the last alleged incident which took place and the circumstances indicate that there was a consensual relationship. It was further stated that the victim and her mother had tendered no objection for grant of bail to the present applicant before the special court. He further submits that the applicant has no criminal antecedents, investigation is complete, charge-sheet is filed, however, till date the trial has not proceeded. The learned Advocate for the applicant, thus, prays for releasing the applicant on regular bail by imposing stringent conditions. 2 of 5 948ba650-26 He also submits that though the applicant is permanent resident of Madhya Pradesh, if the condition is imposed upon him, he will not leave the jurisdiction of the State of Maharashtra. 6. Per contra the learned APP opposed the application and submitted that the age of the victim, when the alleged first incident of rape took place, was 15 years and 6 months and when the FIR was registered, the victim was of 15 years and 11 months. The allegation concerns repeated penetrative sexual assault accompanied by threats. The victim’s pregnancy provides material assurance to the prosecution regrading sexual activity. It was contended that considering the victim's vulnerability and the applicant’s access to her family, there is genuine possibility of the pressure being exerted upon her. 7. I have considered the submissions and the examined the charge-sheet. At this stage, it is settled that this Court do not have to meticulously test the investigating material but have to prima facie satisfy itself, whether the case for grant of regular bail is made or not and that can be done only on the basis of the material which are are part of the charge-sheet. The record presently indicates that the victim was below 16 years of age at the time when the alleged incident has taken place. The victim's account attributes a specific role to the present applicant and alleged repeated act of penetrative sexual intercourse coupled with threats to the life of the victim as well as her parents. The delay in lodging of the FIR, as pointed out by the learned Advocate for the applicant, at this stage, cannot be taken into consideration as an isolated incident. The victim has stated that she did not disclose the alleged incident to her parents due to fear of the 3 of 5 948ba650-26 threats given to her and the life of the parents. Because of these threats, there is every possibility that the offence could not have been registered immediately after the first alleged incident took place. In fact, it is a matter to be appreciated that the alleged act of the applicant surfaced after the victim’s heavy bleeding and was taken to the hospital. Whether this explanation is ultimately accepted, is a matter of trial. 8. Secondly, even the medial papers record that there was a positive pregnancy test and treatment following the spontaneous abortion. They also refer to old healed hymnal tear and the absence of fresh injuries. Having regard to the interval between the alleged incident and the medical examination, absence of fresh injuries cannot, by itself, displace the victim's version at this stage of bail. At the same time, the absence of the report pertaining to the applicant’s connection with the pregnancy, at this stage, is also not necessary. There is no material which finds place in the charge-sheet that the alleged incident is a result of a love affair between the victim and the present applicant. 9. No objection stated to have been given by the victim and her mother cannot be treated as a determinative. An offence under the POCSO Act is not a private or compoundable by such no objection. It would also be inappropriate, without evidence, to conclude barely from the copy of no objection that the victim has already been influenced. Nevertheless, considering her age, her circumstances, the allegations of earlier threats and the applicants acquaintance with her family, her protection from any possible pressure remains a material consideration. Completion of investigation or filing of charge-sheet and absence of 4 of 5 948ba650-26 any antecedents are not the factors which would be taken into consideration while deciding the bail appreciation in such grievous and heinous offences. 10. The Bail Application, therefore, stands rejected. 11. Needless to mention that the observations made herein above are prima facie and only for the purpose of deciding the bail application and should not be taken as the final observations. (HITEN S. VENEGAVKAR, J.) JPChavan 5 of 5