Prem Rajbhar Rajparikh vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Prem Rajbhar Rajparikh vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Regular bail in Crime No. 886 of 2023 (Wakad Police Station, Dist. Pune) on furnishing PR bond of Rs. 25,000/- with one or two solvent sureties in the like amount; Applicant shall not tamper with evidence or influence prosecution witnesses; shall attend the concerned Police Station as and when required; Trial Court to decide the case on its own merits and in accordance with law, uninfluenced by the observations in this order.

Issue for consideration

Whether the Applicant is entitled to regular bail in Crime No. 886 of 2023 on the principle of parity, given that co-accused Pradeep Chauhan, facing similar allegations, has been released on bail by the Hon'ble Apex Court.

Court's answer

The allegations made against the Applicant and co-accused Pradeep Chauhan are similar, and since the co-accused has been released on bail, the Applicant is entitled to bail on the principle of parity.

Ratio / Principle

Considering these facts, the Court ordered release of the Applicant on bail in Crime No. 886 of 2023 on furnishing a PR bond of Rs. 25,000/- with one or two solvent sureties in the like amount, subject to the conditions stated in the order.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Shivkumar Dige, J., 27 February 2026 — Criminal Bail Application No. 4217 of 2025: Prem Rajbhar Rajparikh, accused in Crime No. 886 of 2023 (Wakad Police Station, Dist. Pune) under Sections 376, 376(2)(n) and 376(3) of the Indian Penal Code, 1860 and Sections 3, 4, 5(1), 5(j), 5(2) and 6 of the POCSO Act, 2012, for allegedly sexually assaulting, along with the co-accused, the minor sister of the first informant on several occasions and impregnating her, was granted regular bail on the principle of parity — the co-accused Pradeep Chauhan, against whom similar allegations are levelled, had already been released on bail by the Hon'ble Apex Court. The learned APP had argued that parity would not apply as the Applicant was aware of the victim's age; the Court did not adopt that objection and found the allegations similar. Bail ordered on PR bond of Rs. 25,000/- with one or two solvent sureties in the like amount, with conditions against tampering with evidence or influencing prosecution witnesses, attendance at the concerned police station as required, and an express direction that the Trial Court decide the case on its own merits uninfluenced by the observations in the order.

5-BA-4217-2025 (CR).doc

Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4217 OF 2025

VAISHALI ANIL TIKAM

Digitally signed by VAISHALI ANIL TIKAM Date: 2026.03.05 16:19:37 +0530

...Applicant

PREM RAJBHAR RAJPARIKH VERSUS

...Respondents

STATE OF MAHARASHTRA AND ANR

_________________________________________________________________ Ms. Harshada Parbhane a/w. Abid Mulani, Advocate for Applicant. Mr. B.B. Kulkarni, APP for Respondent-State. PSI Jagdale, Wakad Police Station present.

CORAM : SHIVKUMAR DIGE, J. DATE : 27^th FEBRUARY, 2026.

P.C. :

Heard learned counsel for the Applicant and learned APP for

the State.

By this Application, the Applicant is seeking regular bail in Crime No.886 of 2023 registered with Wakad Police Station, Dist. Pune for the offences punishable under Sections 376, 376(2)(n), and 376(3) of the Indian Penal Code, 1860 and under Sections 3,4,5(1) (5j) (2), and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

It is prosecution's case that Applicant and co-accused sexually assaulted minor sister of the first informant on several occasions and impregnated her.

It is contention of learned counsel for the Applicant that co-

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accused Pradeep Chauhan, against whom similar allegations are leveled like the Applicant, has been released on bail by the Hon'ble Apex Court. Hence Applicant is entitled for bail on the principle of parity and requested to allow the Application.

It is contention of learned APP that parity will not be applicable as Applicant was aware about the age of the victim and he sexually assaulted her and requested to reject the Application.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

It appears from record that the allegations made against Pradeep Chauhan and Applicant are similar. The co-accused Pradeep Chauhan has been released on bail. Hence, Applicant is entitled for bail on

the principle of party.

Considering these facts, I pass following order.

ORDER

(i) The Applicant- Prem Rajbhar Rajparikh be released on bail in Crime No.886 of 2023 registered with Wakad Police Station, Dist. Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

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

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

(v) Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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