1 30.ba.1096.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1096 OF 2026 Gajanan Keshav Damodar ..vs.. State of Maharashtra and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.V. Dhage, Advocate for the applicant. Shri A.M. Kadukar, APP for the non-applicant/State. Ms Apurva Kolhe, Advocate for non-applicant no.2.(appointed). CORAM: M.M. NERLIKAR, J. DATE : 15.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.105 of 2026 registered with Ural Police Station, District Akola for the offences punishable under Sections 64(1), 333, 351(2), 75, 78, 332(B) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 6, 8 of the Protection of Children From Sexual Offences (POCSO), Act, 2012. 3. The FIR came to be lodged by the victim, alleging that during her parent’s absence, the applicant allegedly outraged her modesty on two occasions and on one ocassion committed sexual intercourse with her without her consent by threatening her. 4. The learned Counsel for the applicant submits that the applicant has been falsely implicated in the crime, as it is alleged that on two occasions the applicant outraged the modesty of the victim and on one occasion 2 30.ba.1096.2026 committed sexual intercourse with her. It is submitted that there were monetary transactions between the family of the applicant and the victim. He further submits that the last incident occurred on 06.02.2026, whereas the FIR was registered three days later, on 09.02.2026. Although the victim's father is a musician and was out of the village, her mother was present in the village at the relevant time, and therefore, the victim should have disclosed the incidents to her mother. However, the victim did not disclose anything to her mother until her father returned. He further submits that another reason ruling out the possibility of rape is the victim’s medical report, which shows that the hymen is intact with no tear present. Therefore, since the evidence of the victim has been recorded and the investigation is complete, no purpose would be served by keeping the applicant behind bars, and so prays that the application be allowed. 5. On the other hand, the learned APP for the State and the learned appointed Counsel appearing for non- applicant No. 2 vehemently opposed the application, by submitting that the allegations in the FIR are serious in nature. Even in the medical report, supports as the injuries caused on the victim’s backside, along with an abrasion at the 6 o’clock position on the posterior fourchette. They further submit that the delay should not be considered, as every victim reacts differently in sexual harassment cases. Therefore, since the offense is heinous in nature, they pray that the application be rejected. 6. I have considered the rival submissions. Perused the FIR as well as the material annexed along with the 3 30.ba.1096.2026 charge-sheet. 7. It appears that three incidents are narrated in the FIR. The first incident occurred on 02.02.2026 at about 2:00 p.m., alleging that the applicant had outraging her modesty. The second incident occurred on 04.02.2026 at about 2:00 p.m., in which the victim had alleged that the applicant forcefully committed sexual intercourse with her and the last incident was on 06.02.2026, again on the same time (2:00 p.m.), alleging that the applicant outraged her modesty. The record indicates that as there was no one in the house at the relevant time and the victim had returned from college, then the applicant entered the house and committed the alleged offense. 8. A perusal of the medical report shows that the doctor had opined that sexual assault cannot be ruled out. However, the report further shows that the hymen is intact with no tear present. Despite the aforesaid allegations, it appears from the FIR itself that the victim went to college as normal and did not disclose the incidents to her mother immediately. Further it appears that there were some monetary transactions between both the parties. 9. Under such circumstances, I am of the considered opinion that the applicant has made out a case for the grant of bail, since the investigation is complete, the charge sheet has been filed, and even the evidence of the victim has been recorded. Hence the following order : 4 30.ba.1096.2026 (a) The application is allowed. (b) The applicant Gajanan Keshav Damodar Crime No.105 of 2026 registered with Ural Police Station, District Akola for the offence punishable under Sections 64(1), 333, 351(2), 75, 78, 332(B) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 6, 8 of the Protection of Children From Sexual Offences (POCSO), Act, 2012 be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) The applicant 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. (d) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (e) The applicant shall not enter into the vicinity of village Khambora, Tq. And District Akola. (f) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for a single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 10. The observations are prima facie in nature and 5 30.ba.1096.2026 the Trial Court shall not be influenced by the same . 11. All Misc. application(s), pending if any, shall stands disposed of accordingly. 12. Fees of the appointed Counsel be quantified as per rules. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 15/09/2026 18:06:35