Rushabh @ Saurabh Santosh Pathak vs the State… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Rushabh @ Saurabh Santosh Pathak vs the State… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Applicant to be released on bail in Crime No.45 of 2022 (Kurar Police Station, Mumbai) on furnishing a PR bond of Rs.25,000/- with one or two solvent sureties in the like amount, subject to conditions: no entry into Kurar Police Station jurisdiction till recording of evidence of the Victim and First Informant except on court dates; no tampering with evidence or influencing prosecution witnesses; attendance at the concerned Police Station as and when required; and the Trial Court to decide the case on its own merits uninfluenced by the observations in the order.

Issue for consideration

Whether the Applicant, charged under Section 377 IPC and Sections 4, 6, 8 and 12 of POCSO in Crime No.45 of 2022 (Kurar Police Station, Mumbai), should be released on regular bail, given detention of more than four years and three months, absence of progress in the trial, and a medical report showing no injury on the victim's private part. +1 more

Court's answer

Regular bail granted because the Applicant had been in custody for more than four years and three months with no progress in the trial, the medical report did not show any injury on the private part of the victim, proving the offence would require evidence, the Applicant had no antecedents, and concluding the trial would take time.

Ratio / Principle

Bail granted subject to conditions: the Applicant shall not enter the jurisdiction of Kurar Police station till recording of the evidence of the Victim and the First Informant (except on court dates), shall not tamper with evidence or influence prosecution witnesses, and shall attend the concerned Police Station as and when required.

Detailed headnote1 paragraphs

Bombay High Court (Shivkumar Dige, J.) allowed a regular bail application in Criminal Bail Application No. 2920 of 2025 filed by Rushabh @ Saurabh Santosh Pathak, accused in Crime No.45 of 2022 (Kurar Police Station, Mumbai) for offences punishable under Section 377 IPC and Sections 4, 6, 8 and 12 of POCSO, arising from an allegation of unnatural sex with the minor son of the First Informant on 24 January 2022. Bail was allowed because the Applicant had been behind bars for more than four years and three months, there was no progress in the trial, the medical report did not show any injury on the private part of the victim, proof of the offence would require evidence, the Applicant had no antecedents, and the trial would take time. The Applicant was ordered released on a PR bond of Rs.25,000/- with one or two solvent sureties in the like amount, on conditions that he not enter the jurisdiction of Kurar Police Station till recording of the evidence of the Victim and First Informant (except on court dates), not tamper with evidence or influence prosecution witnesses, and attend the concerned Police Station as required. The Trial Court was directed to decide the case on its own merits, uninfluenced by the observations in the order.

36-BA-2920-2025 (CR).doc

N.S.Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 2920 OF 2025

Rushabh @ Saurabh Santosh Pathak ...Applicant VERSUS

The State Of Maharashtra And Anr ...Respondents

Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2026.05.05 11:39:17 +0530

Mr.Ankush N. Dhokale, for the Applicant. Mr.Amit Munde, APP for Respondent-State. Ms.Shaba Khan, for Respondent No.2.

CORAM : SHIVKUMAR DIGE, J. DATE : 28^th APRIL 2026

P.C. :

. By this Application, the Applicant is seeking regular bail in Crime No.45 of 2022 registered with Kurar Police Station, Mumbai, for the offences punishable under Section 377 of the Indian Penal Code, 1860 (‘IPC’ for short) and Sections 4,6,8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ for short).

It is prosecution’s case that on 24^th January 2022, Applicant committed unnatural sex with minor son of the First Informant.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than four years and three months. There is no progress in trial. The medical report does not support the prosecution’s case, and requested to allow the Application.

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36-BA-2920-2025 (CR).doc

N.S.Kamble

It is contention of learned APP and learned counsel for the Respondent No.2 that the Applicant committed unnatural sex with minor son of the First Informant. The victim in his statement specifically stated about the act committed by the Applicant. If the Applicant released on bail, he may abscond or threaten Victim, First Informant and prosecution witnesses, and requested to reject the Application.

I have heard all learned counsel. Perused charge-sheet.

The Applicant is behind bars for more than four years and three months. There is no progress in trial. The medical report does not show any injury on the private part of the victim. To prove offence against Applicant, evidence is required. The Applicant has no antecedents. It may take time to conclude the trial, and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.45 of 2022 registered with Kurar Police Station, Mumbai, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not enter in the jurisdiction of Kurar Police station till recording of evidence of Victim and First Informant, except attending Court dates.

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36-BA-2920-2025 (CR).doc

N.S.Kamble

(iii) The Applicant shall not tamper with the evidence

and/or influence the prosecution witnesses.

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(v) The Applicant shall attend the concerned Police Station as and when required.

(vi) Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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