Disposed¶16

Devendra Mahendra Singh v. State of Maharashtra

Bombay HC17 Feb 2025BA/468/2025

Case brief

AI extract

What is this about?

Bail application; Bombay High Court; Justice Dr. Neela Gokhale; Section 376 IPC 1860; Sections 5(n), 5(l), 8 POCSO Act 2012; FIR No.794 of 2022; Malvani Police Station; father accused of sexual abuse of minor daughter; victim aged 14; victim (Respondent No.2) declines to contest; Legal Aid Panel counsel; amicus curiae Meghna Gowalani; bail request not accepted; adjourned to 25.11.2025; interim order, no precedent cited.

What did the court decide?

Considering that the offence is alleged to have been committed by a father on his minor daughter, the Court was not inclined to accept the statement/request of the counsel appearing for the complainant that the Applicant be released on bail. ¶16

Devendra Mahendra Singh vs State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the Applicant — the father accused, in FIR No.794 of 2022 of Malvani Police Station, of offences punishable under Section 376 of the Indian Penal Code, 1860 and Sections 5(n), 5(l) and 8 of the POCSO Act, 2012, for the alleged sexual abuse of his minor daughter — should be released on bail.

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Court's answer

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Key takeaways

In these circumstances, the Court requested Ms. Meghna Gowalani, learned Advocate, to assist it in adjudicating the matter as an amicus (with consequential directions to furnish her a copy of the bail application and to stand the matter over to 25th November 2025).¶17

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Bail Application No.468 of 2025, decided 06.11.2025 by Dr. Neela Gokhale, J. Devendra Mahendra Singh, the Applicant, sought bail in connection with FIR No.794 of 2022 of Malvani Police Station, District Mumbai, wherein he is accused of offences punishable under Section 376 of the Indian Penal Code, 1860 and Sections 5(n), 5(l) and 8 of the Protection of Children from Sexual Offences Act, 2012, for the alleged sexual abuse of his minor daughter (aged 14 at the time of the complaint, who had approached the police station with a friend and narrated her complaint). Respondent No.2/the victim, represented since 19.09.2025 by Legal Aid Panel counsel Ms. Gowlani, intimated through Ms. Nikita Pandey that she did not wish to contest the matter. The Court, considering that the offence is alleged to have been committed by a father on his minor daughter, was not inclined to accept the request of the counsel appearing for the complainant that the Applicant be released on bail. Ms. Meghna Gowalani was requested to assist the Court as amicus; the Applicant's counsel was directed to furnish her a copy of the bail application; and the matter was stood over to 25th November 2025. No bail was granted at this stage.

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Prasad Rajput (P.A.) 34-BA-468-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.468 OF 2025

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Devendra Mahendra Singh …Applicant Versus State of Maharashtra …Respondent

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Mr. Aman S. Singh , for the Applicant. Ms. Megha S. Bajoria , APP for the Respondent - State. Ms. Nikita Pandey , for the Respondent No.2 / victim. PSI – Gopinath Kendre, Malavani Police Station, present.

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CORAM DR. NEELA GOKHALE, J. DATED: 06^TH NOVEMBER 2025

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PC:-

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1. By order dated 19^th September, 2025, Ms.Gowlani,

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learned Advocate from the Legal Aid Panel, was appointed to represent Respondent No.2 in the present matter. Today, when the matter was called out, Ms.Pandey, apprises the Court on instructions received from Respondent No.2 that Respondent No.2 does not wish to contest the matter.

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2. The Applicant has sought his release in connection

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with FIR No.794 of 2022 registered with the Malvani Police

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Page 1 of 3 6^th November 2025

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Prasad Rajput (P.A.) 34-BA-468-2025.doc

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Station, District Mumbai, for the offences punisable under Section 376 of the Indian Penal Code, 1860 and under Sections 5(n), 5(l) and 8 of the Protection of Children from Sexual Offences Act, 2012.

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3. The present case involves allegation by a minor victim of sexual abuse by her father i.e. the Applicant herein. The victim, 14 years of age at the time of giving complaint had approached the Police Station with her friend and had narrated her complaint.

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4. Considering the fact that the offence is alleged to have been committed by a father on his minor daughter, I am not inclined to accept the statement of the counsel appearing for the complainant, requesting that the Applicant be released on bail.

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5. In these circumstances, Ms.Meghna Gowalani, learned Advocate, is requested to assist the Court in adjudicating the matter as an amicus.

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Page 2 of 3 6^th November 2025

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Prasad Rajput (P.A.) 34-BA-468-2025.doc

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6. Learned counsel for the Applicant shall furnish a

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copy of the bail application to Ms.Gowalani.

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7. Stand over to 25^th November, 2025 .