Somnath Prakash Chavan Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Somnath Prakash Chavan Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on regular bail under Section 439 CrPC in connection with Crime No.33 of 2025, Chalisgaon (Rural) Police Station, Dist. Jalgaon, on furnishing a personal bond of Rs.15,000/- with one surety of the like amount.

Issue for consideration

Whether the applicant should be granted regular bail under Section 439 CrPC in connection with Crime No.33 of 2025 (Chalisgaon Rural Police Station, Dist. Jalgaon) for offences under Sections 64(2)(m), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the POCSO Act, 2012, his earlier bail application having been rejected by the Special Judge (POCSO), Jalgaon. +1 more

Court's answer

The application was allowed and the applicant was ordered released on bail in connection with Crime No.33 of 2025 on furnishing a personal bond of Rs.15,000/- with one surety of the like amount.

Ratio / Principle

The Court held it proper to release the applicant on bail subject to certain conditions, characterising the case as one of 'pure love', noting the applicant's willingness to marry the informant once she attains the age of 18 years and the victim girl's own in-Court statement that she was ready to perform the marriage, notwithstanding the rape allegation in the report and the APP's objection that the informant's affidavit was compelled by threats.

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Sanjay A. Deshmukh, J.; 03.09.2025): Regular bail granted under Section 439 CrPC in Bail Application No.1290 of 2025 to Somnath Prakash Chavan, accused in Crime No.33 of 2025 of Chalisgaon (Rural) Police Station, Dist. Jalgaon, for offences punishable under Sections 64(2)(m), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the POCSO Act, 2012. The informant, a 17-year-old girl, had reported that on 07.10.2024 the applicant called her to his house and committed sexual intercourse with her against her will; the informant later became pregnant and the FIR was lodged. The applicant's earlier bail application (Special Case No.90 of 2025) had been rejected by the learned Special Judge (POCSO), Jalgaon on 03.06.2025. Before this Court, reliance was placed on the informant's affidavit averring a love affair; the APP opposed, contending the applicant had threatened the informant into filing the affidavit consenting to bail. The Court perused the charge sheet, report and witness statements, recorded that the victim girl present in Court submitted she was ready to perform the marriage with the applicant, and, considering it a case of 'pure love' with the applicant willing to marry the informant once she attains 18 years, allowed the application and ordered release on a personal bond of Rs.15,000/- with one surety of the like amount. No precedent was cited; the decision rests entirely on submissions made before the Court.

986 BA NO. 1290 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

986 BAIL APPLICATION NO. 1290 OF 2025

SOMNATH PRAKASH CHAVAN VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Mr. P. G. Tamjade h/for Mr. Nandkumar Y. Kingaonkar, Advocate for Applicant

Mr. N. B. Patil, APP for Respondents/State

Mr. Tambe Sachin Sudarshan, Mr. Rathod Sandip P. And Ms. Awchar Shilpa L, Advocate for Respondent No.3

.…

CORAM : SANJAY A. DESHMUKH, J. DATE : 03.09.2025

PER COURT :-

This is an application for granting regular bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.33 of 2025 registered at Chalisgaon (Rural) Police Station, Dist. Jalgaon, for the offences punishable under Sections 64(2)(m), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 4, 8 and 12 of the POCSO Act, 2012. The applicant’s application bearing Special Case No.90 of 2025 with similar prayer came to be rejected by the learned Special Judge (POCSO), Jalgaon, vide order dated 03.06.2025.

The learned advocate for the applicant pointed out the report in which the informant averred that there was love affair between her and the applicant. The informant is 17 years old girl. The informant

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stated in report that on 07.10.2024, the applicant called her in his house and committed sexual intercourse with her against her will. The learned advocate submits that the informant and the applicant were in a consensual relationship and as a result of which the informant became pregnant. Thereafter, an FIR was lodged. It is further submitted that this is a case of pure love and there is no element of rape as alleged by the informant in the complaint. In support of his argument, reliance is placed on the affidavit filed by the informant. The learned advocate for the applicant submits that the applicant is willing to marry the informant as soon as she attains the age of 18 years.

The learned APP strongly opposed the application and submitted that the applicant had threatened the informant, which compelled her to file an affidavit and give consent for granting bail. He, therefore, submitted that the application be rejected.

Perused the charge sheet, particularly the report and statements of witnesses. The victim girl is present in the Court. She submits that she is ready to perform the marriage with the applicant. Considering the fact that it is a case of pure love and the applicant is willing to marry with the informant after she attains the age of 18 years, it would be proper to release the applicant on bail subject to certain conditions. Hence, the following order:

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986 BA NO. 1290 OF 2025

O R D E R

a. The application is allowed.

b. The applicant in connection with Crime No.33 of 2025 registered at Chalisgaon (Rural) Police Station, Dist. Jalgaon, for the offences punishable under Sections 64(2)(m), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 4, 8 and 12 of the POCSO Act, 2012, be released on bail on furnishing personal bond of Rs.15,000/- with one surety of the like amount.

[ SANJAY A. DESHMUKH, J. ]

HRJadhav

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