Dilwale 1 936-BA-613-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 936 BAIL APPLICATION NO. 613 OF 2026 Bamanya Gujarya Valvi VERSUS The State Of Maharashtra And Another ... Advocate for Applicant : Ms. Jakhade Rutuja L. APP for Respondent-State: Mr. S. D. Ghayal Advocate for Respondent No.2 : Mrs. Anagha Rotte ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17.06.2026 PER COURT : 1. Heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for respondent No.2. 2. By this application, the applicant seeks release on bail in connection with Crime No.01 of 2026 registered with Molgi Police Station, District Nandurbar, for the offences punishable under Sections 64(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 and 8 of POCSO Act. 3. The story of prosecution is such that the victim was grazing her cattle in the month of October 2025 when the applicant came from behind and committed penetrative sexual assault on her. Two months later i.e. on 28.12.2025 when she was feeling unwell, she visited a doctor along with her parents where she was found two months pregnant. Upon 2026:BHC-AUG:23825 Dilwale 2 936-BA-613-26.odt which, she informed her parents about the alleged incident that had occurred two months back. She along with her father lodged the present FIR and initiated the criminal prosecution. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present crime. It is submitted that the applicant is about 65 years of age and, considering his age, the possibility of his involvement in the alleged offence is highly doubtful. It is further submitted that due to village rivalry and previous enmity, the name of the present applicant has been implicated in the crime. The investigation is almost complete and the applicant has co-operated with the Investigating Agency throughout the course of investigation. Learned counsel for the applicant invited my attention to the order passed by a Co-ordinate Bench of this Court in Rupesh Tukaram Kondhalkar v. State of Maharashtra & Anr. (Bail Application No.4504 of 2024 decided on 23.04.2025) wherein, in similar circumstances, the applicant therein was granted bail. Therefore, the applicant deserves to be released on bail. 5. It is submitted that when the matter was heard earlier, this Court had directed the learned APP to place on record the DNA report. Today, the DNA report is placed on record. Prima facie, the report indicates that the applicant is excluded as the biological father of the foetus. Learned counsel submits that this material supports the case of the applicant and deserves consideration while deciding the present application. 6. The learned APP and the learned counsel for respondent No.2 Dilwale 3 936-BA-613-26.odt strongly oppose the application. It is submitted that merely because the DNA report does not support the prosecution case against the applicant, the same cannot be treated as conclusive at this stage. It is further submitted that the prosecutrix has specifically named the present applicant in her statement and there is sufficient material available against him. Therefore, the application deserves to be rejected. 7. I have heard the learned counsel for the parties and perused the record along with DNA Examination Report dated 15.06.2026. The report suggests that the applicant is excluded to be biological father of foetus. Therefore, prima facie, it appears that the applicant is least concerned with paternity of the foetus. The Co-ordinate Bench of this Court in Rupesh (supra), has granted bail to the applicant despite the DNA Examination Report affirming paternity of applicant therein with the concerned foetus. The said judgment would benefit the present applicant as in the present case even the DNA of foetus does not match with the applicant. After considering said DNA Examination Report, I am of the opinion that the applicant has made out the case for grant of bail. Hence, I proceed to pass following order:- ORDER (i) The application is allowed. (ii) The applicant namely, Bamanya Gujarya Valvi be released on bail in connection with Crime No.01 of 2026 registered with Molgi Police Dilwale 4 936-BA-613-26.odt Station, District Nandurbar, for the offences punishable under Sections 64(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 and 8 of POCSO Act, on furnishing P.R. Bond of Rs. 15,000/- with a solvent surety in the like amount to the satisfaction of the Trial Court. (iii) The release of the applicant shall be subject to the following conditions :- A) The applicant shall attend each and every date before the Trial Court unless exempted by the Trial Court. B) The applicant shall not directly or indirectly make any inducement, threat or promise to any prosecution witness and shall not tamper with the prosecution evidence in any manner. C) The applicant shall attend the concerned police station as and when required by an Investigation Officer for further investigation, if any. D) The applicant shall not in any manner whatsoever contact the victim till the culmination of the Trial and shall not enter the territorial jurisdiction of the village where the victim resides. 8. Needless to state that breach of any of the above conditions shall entitle the prosecution to seek cancellation of bail. 9. The observations made herein are prima facie in nature and the learned Trial Court shall not be influenced by the same while deciding the case on its own merits. 10. The Bail Application stands disposed of accordingly. 11. Bail before the Trial Court. 12. Adv. Anagha Rotte, learned counsel appointed through legal aid for Dilwale 5 936-BA-613-26.odt respondent No.2 be quantified to Rs.10,000/- for her assistance. [ SIDDHESHWAR S. THOMBRE ] JUDGE