Sankalp S/O Virendra Medha vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Sankalp S/O Virendra Medha vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Condition no.3 of the bail order dated 22.11.2024 relaxed; the applicant is permitted to participate in the disciplinary proceedings on the dates given by the Enquiry Officer; Criminal Application allowed and disposed of.

Issue for consideration

Whether condition no.3 of the bail order (that the applicant shall not enter the premises of the School till culmination of the trial) should be relaxed so as to permit the applicant to attend the disciplinary proceedings sought to be initiated against him, which are likely to be conducted in the school premises itself.

Court's answer

Since the departmental/disciplinary proceedings had not yet commenced, possibly because the applicant could not attend them owing to condition no.3 of the bail order, condition no.3 incorporated in the order dated 22.11.2024 is relaxed and the applicant is permitted to participate in the disciplinary proceedings on the dates given by the Enquiry Officer.

Ratio / Principle

The Court found that although the departmental proceedings had not yet commenced, this may be due to condition no.3 of the bail order, since the applicant would not be able to attend those proceedings.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (M.M. Nerlikar, J.) relaxed condition no.3 of its earlier bail order, whereby the applicant, released on bail in Crime No.596/2024 (Sections 296, 74, 115(2), 351(2) and 75(2) of the BNS Act read with Section 12 of the POCSO Act) on a P.R.Bond of Rs.25,000/-, was barred from entering the school premises till culmination of the trial. Observing that the disciplinary proceedings sought to be initiated against the applicant had not commenced, possibly because he could not attend them in view of condition no.3, the Court permitted the applicant to participate in the disciplinary proceedings on the dates given by the Enquiry Officer. The learned A.P.P. conceded that under the Maharashtra Employees of Private Schools (Conditions of Service) Rules such proceedings are required to be conducted at the headquarters itself. Criminal Application allowed and disposed of.

 0503appp434.26

2026:BHC-NAG:3557

Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPP] NO. 434 OF 2026 IN CRIMINAL APPLICATION [BA] NO. 964 OF 2024.

Sankalp Virendra Medha. - VERSUS-

State of Maharashtra and others.

Office notes, Office Memoranda of

Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

Shri M.Z. Haq, Advocate for the Applicant. Ms T. Udeshi, A.P.P for Non-applicant No.1./State.

CORAM : M.M. NERLIKAR, J.

DATE : MARCH 05, 2026.

Heard.

This Court by order dated 22.12.2024

granted bail to the applicant on the following conditions :-

“(1) The criminal application is allowed.

(2) Applicant - Sankalp s/o Virendra Medha, shall be released on bail in connection with Crime No.596/2024 registered with the non-applicant/police station for offences punishable under Sections 296, 74, 115(2), 351(2), and 75(2) of the BNS Act read with Section 12 of the POCSO

Rgd.

 0503appp434.26

Order

Act on his executing a P.R.Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(3) The applicant shall not enter into premises of the said School, till culmination of the trial.

(4) The applicant shall not induce or threat or promise to any of witnesses connected with the crime in question and shall not tamper the prosecution evidence physically or through electronic media.

(5) The applicant shall attend proceedings before the court below without seeking any exemption unless there are exceptional circumstances.”

The present application is moved for relaxation of above conditions, more specifically condition no.3. The learned Counsel appearing for

the applicant submits that a disciplinary proceedings is sought to be initiated againt him and the proceedings are likely to be conducted in the school premises itself, however, because of condition no.3 incorporated in the above bail order, the applicant would not be a position to attend those proceedings. He therefore, prays for relaxation of condition no.3 of the operative part

Rgd.

Order

 0503appp434.26

of the order dated 22.11.2024.

On the other hand, the learned A.P.P. opposes the application by submitting that while granting bail this Court after due deliberation has imposed the conditions on the applicant. She concedes that as per the Maharashtra Employees of Private Schools (Conditions of Service) Rules, the disciplinary proceedings are required to be conducted at the headquarter itself.

I have considered the rival submissions of the parties. It appears that this Court has granted bail to the applicant by order dated 22.11.2024 by imposing the aforementioned conditions. It further appears that though the departmental proceedings has not yet commenced, it may be due to above condition no.3, since the applicant would not be able to attend those proceedings. In this view of the matter, the condition no.3 incorporated in the order dated 22.11.2024 is relaxed, and the applicant is permitted to participate in the disciplinary proceedings on the dates which are given by the

Rgd.

 0503appp434.26

Order

Enquiry Officer.

Criminal Application is accordingly

allowed and disposed of.

JUDGE

Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Rgd. Date: 05/03/2026 14:36:56