Manoj 22-BA-80-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 80 OF 2026 Mr. Shankar Yallappa Varale ...Applicant V/s. The State of Maharashtra & Anr. ...Respondents Adv. Prajakt M. Arjunwadkar a/w Adv. Prathamesh S. hande, Adv. Omkar S. Shinde & Jai B. Gharat, for the Applicant. Mr. S.V. Walve, APP for the Respondent No.1- State. Adv. Padmasinh P. Patil, for the Respondent No.2. CORAM : SHYAM C. CHANDAK, J. DATED : 22nd JUNE, 2026 P.C. :- . Being denied bail by the Special Court, the Applicant seeks his release on bail in connection with an FIR bearing C.R.No.459 of 2025 registered with Sewree Police Station, Mumbai under Sections 65 and 74 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 9 (m) and 12 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard Mr. Arjunwadkar, learned Counsel for the Applicant, Mr.Walve, learned APP for Respondent No.1-State and Mr. Patil, learned Counsel for Respondent No.2. Perused the record. 3. The prosecution case is that, on 18.10.2025, at about 1:00 p.m., when the victim girl aged 7 years was playing near her house, the Applicant called her, allegedly inserted his hand in her nicker and touched at the place of her urination. The informant – mother of the victim filed a report on 20.10.2025. Consequently, aforesaid crime came to be registered. The victim was referred for medical examination. The Applicant came to be arrested. On completion of investigation, police submitted charge-sheet. 1/3 Manoj 22-BA-80-2026.doc 4. Mr. Arjunwadkar submitted that, there is no material on record showing that the Applicant had subjected the victim to penetrative sexual assault. Therefore, the offences of Section 65 (2) of the BNS and Section 4 and 6 of the POCSO Act are not attracted. The rest of the offences are not punishable with life imprisonment. The Applicant is aged 70 years. He has been in jail for last 8 months. Therefore, bail may be granted. 5. In the opposition, Mr.Walve, learned APP has submitted that there is a clear case of penetrative sexual assault against the Applicant. 6. As stated in the report filed by the mother of the victim, the Applicant had touched the genital of the victim. As per the history recorded in the medical report, the Applicant had touched at the groin of the victim. No fresh injuries were noticed on the body or at the genital of the victim. The medical officer has only opined that “sexual assault cannot be ruled out”. Therefore, whether the victim was subjected to rape and penetrative or aggravated penetrative sexual assault is a question of trial. The alleged offences under Section 74 of BNS and Sections 8 & 10 of the POCSO Act are not punishable with more than seven years of imprisonment. The Applicant is in jail since October, 2025. Further detention of the Applicant in jail will not serve any purpose. The Applicant is aged 70 years. He must be facing some old age related problems. The Applicant is not likely to tamper with the prosecution evidence and abscond. 7. In view thereof, the Applicant is entitled for bail. Hence, following Order is passed:- (i) Applicant – Mr. Shankar Yallappa Varale shall be released on bail in connection with FIR bearing C.R.No.459 of 2025 registered with Sewree Police Station, Mumbai for the offences punishable under Sections 65 and 74 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, 9(m) and 12 of the Protection of Children from 2/3 Manoj 22-BA-80-2026.doc Sexual Offences Act, 2012, on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at Sewree Police Station, Mumbai on the 1st day of each calendar month between 12:00 noon to 4:00 p.m., till the conclusion of the trial. (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against him. (v) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (vi) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove. (vii) Application stands disposed off in the aforesaid terms. (SHYAM C. CHANDAK, J.) 3/3