1 31. BA 1010 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1010 OF 2026 GAURAV DEVRAOJI WASNIK VERSUS THE STATE OF MAHARASHTRA THROUGH PSO, PS NANDANVAN NAGPUR CITY AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mir Nagman Ali, Advocate for Applicant. Ms. S.N. Thakur, APP for Non-Applicant No.1-State. Mr. J.B. Shukla, Advocate for Non-Applicant No.2. CORAM : M.M. NERLIKAR, J. DATED : 01st SEPTEMBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant as well as learned APP for the State. 2. By this application, the applicant is seeking bail in connection with Crime No.147 of 2026, registered with Police Station Nandanvan, Dist. Nagpur, for the offences punishable under Sections 351(2), 238 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. 3. The brief facts of the prosecution’s case are that, the informant i.e. father of the victim lodged the FIR alleging that on 2026:BHC-NAG:11573 2 31. BA 1010 of 2026.odt 29.03.2026, at about 04.00 p.m., when he returned home, the door was locked. When he knocked on the door, a 17 year old boy opened the door, who, when asked by the informant reason for locking the door, gave evasive answers and went home. However, on 01.04.2026, at about 07.00 p.m., the victim told in front of his mother that the applicant and the boy who opened the door (juvenile), committed unnatural sexual intercourse with him. Based on these allegations, the FIR came to be lodged. 4. Learned Counsel for the applicant submits that the statement of the victim recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) is concerned, he has improved the story and the spot is different from the first information report. So also, it is alleged that a video was also made, however, there is no evidence in the entire charge-sheet to show that the act was videographed by the applicant. He then invited attention of this Court to the statement recorded under Section 183 of the BNSS, wherein another story has been narrated by the victim stating that his hands and legs were tied and co-accused, who is juvenile, held him and the applicant had committed unnatural sexual intercourse with him. The victim further says in his statement that, at the relevant time, his mother came there. Learned Counsel submits that neither in the statement of the mother nor in the first information report, it is 3 31. BA 1010 of 2026.odt stated that the mother had come there. He further submits that the medical examination of the victim has been conducted on the next day after registration of the FIR. On perusal of the same, absolutely there is no sign of unnatural sexual intercourse with the victim. Under such circumstances, he submits that the story has been concocted, no such incident had taken place and therefore, he prayed to grant the bail. 5. On the other hand, learned APP and learned Counsel appearing for the informant vehemently oppose the application and submit that there is no reason for a child to implicate the applicant in the alleged crime. They submit that there may be minor discrepancies, however, the statements as far as sexual assault by the applicant is concerned, all the statements appears to be consistent. They further submit that the final opinion of medical examination is yet to be received, however, the medical papers shows evidence of unnatural sexual intercourse/assault as the said opinion was given by the Medical Officer. They further submit that the victim is of 13 years of age. His statement recorded under Section 183 of the BNSS is more elaborate and that cannot be said to be an improvement. Under such circumstances, they submit that the applicant is not entitled for bail. 6. I have considered the rival submissions and gone through the first information report as well as the medical report and other material placed before me. 4 31. BA 1010 of 2026.odt 7. After going through the first information report, it appears that the alleged incident took place on 29.03.2026, where it is alleged that when the father of the victim came home, at that time, the door was locked and the juvenile accused along with two sons of the informant were present in the house. Upon inquiry for reason of locking the door, he was informed that they were playing. On 01.04.2026, it was informed by the victim in the presence of his mother that on 29.03.2026, the applicant and the juvenile accused have committed unnatural sexual intercourse with the victim. 8. After perusal of the medical report, in the entire medical report, it appears that there are no injuries on the private part of the victim, however, it was opined by the Medical Officer that sexual intercourse/assault cannot be ruled out. Upon perusal of the entire medical report, there is no basis to arrive at such conclusion. It is further to be noted that the diagrams annexed with the medical papers do not show any injury on the private part of the victim. Further the statements of the victim recorded under Section 180 and 183 of the BNSS goes to show that there is much more improvement made in those statements as in the statement under Section 183 of the BNSS, it is alleged that his hands and legs were tied and thereafter, co-accused, who is juvenile, held him and the applicant had committed unnatural sexual intercourse with him and further stated 5 31. BA 1010 of 2026.odt that at the relevant time, his mother came there. Whereas, in the statement under Section 180 of the BNSS, different story has been narrated. It is to be noted that neither in the statement of the mother nor in the first information report, it is stated the mother of the victim had come on the spot of incident. 9. Considering the above facts and circumstances and the nature of allegations and the material collected by the Investigating Officer, I am of the opinion that the applicant has made out a prima facie case for grant of bail. Hence, the following order is passed. ORDER (i) The criminal application is allowed and accordingly, disposed of. (ii) Applicant/accused viz. Gaurav Devraoji Wasnik, be released on bail in connection with Crime No.147 of 2026, registered with Police Station Nandanvan, Dist. Nagpur, for the offences punishable under Sections 351(2), 238 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, on furnishing P.R. Bond of Rs. 50,000/- with one surety in the like amount. (iii) The accused shall not directly or indirectly make any inducement, threat or promise to the victim or any person 6 31. BA 1010 of 2026.odt 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 concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vi) The applicant/accused shall not enter into the jurisdiction of Police Station Nandanvan, Dist. Nagpur. (vii) Pending applications, if any, also stand disposed of. 10. The observations of this Court are prima facie in nature and are only limited to these applications. The Trial Court shall not be influenced by the aforesaid observations. (M.M. NERLIKAR, J.) asd