Shankar @ Kondiba Uttam Pawar Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Shankar @ Kondiba Uttam Pawar Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release of the applicant on bail in connection with FIR No.343/2024 dated 15/09/2024 (Bhokar Police Station, District Nanded) on a PR bond of Rs.25,000/- with one or two sureties of the like amount, subject to conditions (no contact with informant; attendance at every hearing unless exempted; no tampering with prosecution evidence or influencing of informant/witnesses; furnishing and updating of contact number and residential address), breach rendering him liable for cancellation of bail; fees of the appointed advocate quantified at Rs.10,000/- payable by the High Court Legal Services SubCommittee, Aurangabad; application stands disposed of.

Issue for consideration

Whether the applicant, arraigned in FIR No.343/2024 (Bhokar Police Station, District Nanded) for offences punishable under Sections 70(2), 138, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, is entitled to be released on bail.

Court's answer

Considering the victim's statement under Section 183 BNSS — which attributed the sexual assault only to co-accused Kunal Rathod and did not implicate the applicant — and the fact that the applicant has been in custody since 15/09/2024, the Court found it appropriate to grant bail to the applicant, subject to conditions to ensure a fair trial.

Ratio / Principle

The applicant is to be released on bail in connection with FIR No.343/2024 on executing a PR bond of Rs.25,000/- with one or two sureties of the like amount, to the satisfaction of the trial Court, subject to conditions: no contact with the informant during the trial, cooperation and attendance at every hearing unless exempted, no tampering with prosecution evidence or influencing of the informant/witnesses, and furnishing of his current contact number and residential address with prompt updates on any change.

Key takeaways

Any breach of the bail conditions shall render the applicant liable for cancellation of bail; further, the observations made in the order are purely for deciding the present bail application and shall not influence the trial Court while deciding the case on merits.obiter¶25

Detailed headnote1 paragraphs

Bail — granted. High Court of Bombay, Bench at Aurangabad (Arun R. Pedneker, J.), 936 Bail Application No. 208 of 2025, decided 17-06-2025. Applicant Shankar @ Kondiba Uttam Pawar sought bail in FIR No.343/2024 dated 15/09/2024 (Bhokar Police Station, District Nanded) for offences punishable under Sections 70(2), 138, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, arising from an alleged incident of 14/09/2024 at Palaj in which he and co-accused Kunal Rathod were said to have committed forcible sexual intercourse on the victim in a tempo. Decisive circumstance: the victim's statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita recorded before the Magistrate on 23/09/2024 attributed the sexual assault only to co-accused Kunal Rathod, did not implicate the applicant, and her written statement indicated he was named in the FIR merely because of his friendship with the co-accused. Considering this statement and the applicant's custody since 15/09/2024, the Court allowed bail on a PR bond of Rs.25,000/- with one or two sureties of the like amount, conditioned on non-contact with the informant, attendance at every hearing, non-tampering with evidence and furnishing/updating of contact details; breach entails cancellation of bail; observations confined to the bail stage and not to influence the trial; legal-aid counsel's fee fixed at Rs.10,000/-.