Bhagvan Vaman Sandanshiv v. State of Maharashtra and Anr.

Bombay HC13 Oct 2025BA/3914/2025

Case brief

AI extract

What is this about?

Bombay High Court, Criminal Appellate Jurisdiction; Bail Application No. 3914 of 2025; Bhagvan Vaman Sandanshiv v. State of Maharashtra; Dr. Neela Gokhale, J.; order dated 13 October 2025; bail; anticipatory not involved; FIR 570/2023 Samta Nagar PS Mumbai; Section 354 IPC; Section 8 POCSO Act; child victim aged 8; complainant/mother resiling from prosecution; amicus curiae Ashwinii Achari appointed; earlier withdrawal dated 05.08.2025 with conditional liberty; Trial Court rejection 11.12.2023; stand over 07.11.2025; bail undecided.

What did the court decide?

Bail neither granted nor refused; the Court appointed Ms. Ashwinii Achari, learned Advocate, as amicus to assist in determining the application and directed the matter to stand over to 7th November 2025. ¶¶24

Bhagvan Vaman Sandanshiv vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Applicant, whose earlier bail application was rejected by the Trial Court and whose previous application before this Court was withdrawn with conditional liberty, is entitled to bail on the sole changed circumstance that the complainant no longer wishes to pursue the prosecution. +1 more

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Ratio / Principle

On inquiry in open court, the complainant stated that a misunderstanding led to the complaint but admitted on further inquiry that the incident occurred; however, the record, including her earlier arguments before the Trial Court and this Court, does not in any manner indicate that the complaint arose out of a misunderstanding — there appear to be some other forces at play.

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Key takeaways

In view of the apparent extraneous influences behind the complainant's resiling, the Court deemed it appropriate to appoint Ms. Ashwinii Achari, learned Advocate, as amicus to assist the Court in determining the present bail application.ratio¶¶23

Detailed headnote1 paragraphs

Bail — POCSO Act, 2012, S. 8 read with S. 354 IPC — victim aged 8, applicant aged 60, two incidents — FIR No. 570/2023, Samta Nagar Police Station, Mumbai — Trial Court rejected bail (11.12.2023); earlier Bombay High Court application withdrawn (05.08.2025) with liberty to renew if material witnesses not examined within three months — renewal within three months resting solely on complainant's expressed unwillingness to prosecute — complainant present in court, initially attributed complaint to misunderstanding but on further inquiry admitted the incident occurred — record, including her earlier strenuous objections before the Trial Court and this Court, gave no indication of any misunderstanding — Court observed 'there seem to be some other forces at play' and appointed Ms. Ashwinii Achari, Advocate, as amicus curiae — bail application not decided; matter stood over to 07.11.2025.

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19-BA-3914-2025.DOC

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Ajit Pathrikar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 3914 of 2025

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Bhagvan Vaman Sandanshiv ...Applicant Versus State of Maharashtra and Anr. ...Respondents

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Mr. Jyotiram S. Yadav , for the Applicant. Ms. Anuja S. Gotad , APP for the State-Respondent No.1. Ms. Priyanka Yadav , for Respondent No.2. PSI – Bajrang Desai , Samta Nagar Police Station, is present.

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CORAM Dr. Neela Gokhale, J. DATED: 13^th October 2025

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PC:-

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1. The Applicant seeks his release on bail in connection with FIR No. 570 of 2023 dated 27^th August 2023 registered with Samta Nagar Police Station, Mumbai City for the offenses punishable under Section 354 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

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2. It appears from the FIR that the victim was only 8 years of age at the time of the incident and the Applicant was 60 years of age. The Applicant has abused the victim on as many

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Page 1 of 4 13^th October 2025

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19-BA-3914-2025.DOC

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as two occasions. There is a statement given by the mother of the victim to police on 27^th August 2023. There is also a statement of the victim given to the police on 30^th August 2023, reiterating the incident that happened with her.

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3. A bail application was filed before the Trial Court and by order dated 11^th December 2023, the said bail application was rejected. It is pertinent to note that at the time of hearing of the said bail application, the complainant had streneously objected to the bail application. Thereafter, the Applicant filed the bail application before this Court and by order dated 5^th August 2025, the Application came to be withdrawn since this Court was not inclined to grant relief. The Applicant was given liberty to file a fresh bail application before the Trial Court, in the event the material witnesses are not examined within a period of three months. It is specifically recorded by this Court in the said order that the request to withdraw with the liberty as sought, was made with an understanding of the consequences of such withdrawal.

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Page 2 of 4 13^th October 2025

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19-BA-3914-2025.DOC

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4. Now, within a period of three months, the Applicant is before this Court once again, seeking the same relief. Mr. Jyotiram Yadav, learned Counsel for the Applicant, submits that the changed circumstances are that the complainant has indicated her unwillingness to pursue the criminal case against the Applicant. Ms. Priyanka Yadav, learned Counsel for the complainant/Respondent No.2 also submits that the complainant i.e. the mother of the victim does not want to pursue the prosecution.

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5. Ms. Anuja Gotad, learned APP, submits that the offences

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are grave and serious. The victim was only 8 years of age at the time of incident. The incident has reoccurred and it is not a stray incident. In any case, this Court, on merits, was not inclined to grant relief to the Applicant in the earlier bail application. There is no significant nor substantial change in circumstances from the time the bail application was withdrawn from this Court, save and except that the Applicant now submits that the complainant does not wish to pursue the prosecution.

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Page 3 of 4

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13^th October 2025

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19-BA-3914-2025.DOC

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6. The Complainant herself is present in court. I inquired with her as to why she is unwilling to pursue the prosecution. To this, she stated that there was a misunderstanding between the complainant and the Applicant and hence, the complaint was made. On further inquiry, she states that the incident occurred but now she does not want to pursue the prosecution. This is an offence under POCSO Act. A perusal of the record, especially the argument of the Complainant before the Trial Court as well as before this Court in the earlier proceeding, does not indicate in any manner that the complaint arose out of a misunderstanding. There seem to be some other forces at play. In view of this, I deem it appropriate to appoint Ms. Ashwinii Achari, learned Advocate, as amicus to assist the Court in determining the present application.

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7. Stand over to 7^th November 2025.

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Page 4 of 4 13^th October 2025

Bhagvan Vaman Sandanshiv v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Bhagvan Vaman Sandanshiv v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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