Anil Shankar Nalwade vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Anil Shankar Nalwade vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Regular bail in C.R.No. 412 of 2022 (Walchandnagar Police Station, Pune) on execution of a P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount; conditions: attend the concerned police station as and when required; not tamper with evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case; not enter the jurisdiction of Walchandnagar till recording of evidence of the first informant and victim, except attending Court dates. Pending applications, if any, disposed of.

Issue for consideration

Whether the Applicant (Anil Shankar Nalwade) should be enlarged on regular bail in C.R.No. 412 of 2022, Walchandnagar Police Station, Pune, for offences under the IPC, POCSO Act and Persons with Disabilities Act, given the alleged delay in lodging the complaint/FIR, the reported non-match of the fetal DNA with the Applicant, and the alleged final assault of April 2022 occurring while the Applicant was in jail in another offence.

Court's answer

The Court recorded that there was delay in lodging the complaint, a fact considered in deciding the bail application.

Ratio / Principle

The Court recorded that the DNA of the fetus does not match with the Applicant.

Key takeaways

The Court noted that the allegations against the Applicant remain to be proved by evidence (trial evidence not yet led).ratio¶23
The Court noted the alleged last sexual assault was committed in April-2022, at the very time the Applicant was in jail in another offence.ratio¶23
Considering these facts, the Court ordered the Applicant to be enlarged on bail in C.R.No. 412 of 2022 on a P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount, subject to conditions: attendance at the concerned police station as and when required; no tampering with evidence and no attempt to influence or contact the complainant, witnesses or persons concerned with the case; and no entry into the jurisdiction of Walchandnagar till recording of evidence of the first informant and victim, except attending Court dates.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Coram: Hon'ble Shivkumar Dige, J.; Bail Application No. 4492 of 2025, Anil Shankar Nalwade v. The State of Maharashtra and Anr.; decided 1 April 2026. The Applicant sought regular bail in C.R.No. 412 of 2022 (Walchandnagar Police Station, Pune) for offences punishable under Sections 363, 366(a), 376(2)(I)(J)(L) (N), 109, 506 r/w. 34 IPC; Sections 4, 6, 8 and 12 of the POCSO Act, 2012; and Section 92(A)(D) of the Persons with Disabilities Act. Prosecution case: between October 2021 and April 2022 the Applicant sexually assaulted the 13-year-old disabled daughter of the first informant on several occasions and impregnated her. Counsel for the Applicant urged: arrest in another offence on 15.03.2022 (so in jail during the alleged April-2022 assault); fetal DNA report does not match the Applicant; delay in FIR (incident known April 2022, FIR September 2022); over three-and-a-half years' custody; no trial progress. The Court noted the delay in lodging the complaint, the fetal DNA non-match, that evidence was yet to be led to prove the allegations, and that the alleged final assault of April-2022 coincided with the Applicant's incarceration in another offence. Bail was granted: P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount; conditions included attendance at the police station as required, abstention from tampering with evidence or contacting the complainant/witnesses, and prohibition on entering Walchandnagar jurisdiction till recording of evidence of the first informant and victim (except Court dates). Observations expressly confined to the bail stage; trial to proceed uninfluenced by them.

7-BA-4492-2025 (CR).doc

S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4492 OF 2025

Anil Shankar Nalwade … Applicant

Versus

The State of Maharashtra and Anr. … Respondents

SONALISATISHKILAJE Digitally signedby SONALISATISH KILAJEDate:2026.04.0411:42:58 +0700

_________________________________________________________________ Mr. Bhalchandra S. Shinde, Advocate for the Applicant. Smt. R.D.Humane, APP for the Respondent-State. Ms. Nawa Dordi, Appointed Advocate for Respondent No.2. HC-M.M.Pawar, Walchand Police Station, Pune, present.

CORAM : SHIVKUMAR DIGE, J. DATE : 1^st APRIL, 2026.

P.C. :

By this application, the Applicant is seeking regular bail in C.R.No. 412 of 2022 registered with Walchandnagar Police Station, Pune, for the offences punishable under Sections 363, 366(a), 376(2)(I)(J)(L) (N), 109, 506 r/w. 34 of Indian Penal Code, 1860 (for short “IPC”) and Sections 4, 6, 8 and 12 of Protection of children from Sexual Offences Act, 2012 (for short “POCSO Act”) and Section 92(A)(D) of Persons with Disabilities Act.

It is prosecution’s case that during period October-2021 to April-2022, applicant sexually assaulted minor daughter of the first informant on several occasions and impregnated her. It is alleged that

Page 1 of 4

7-BA-4492-2025 (CR).doc

S.S.Kilaje

victim is disabled and at the time of incident, she was 13 years old.

It is contention of learned counsel for the applicant that the applicant was arrested in other offence on 15.03.2022 and he was in jail. It is alleged that in April-2022, the applicant sexually assaulted the victim which is false. Learned counsel further submitted that DNA report of the fetus does not match with the applicant. There is delay in lodging the complaint. Though, the incident came to light in the month of April-2022, FIR is registered in the month of September-2022. There is delay in lodging the FIR. The applicant is behind bars for three years and six months. There is no progress in the trial and requested to allow the application.

It is contention of learned APP along with learned counsel for respondent No.2 that the applicant was aware about the age of the victim. The victim has categorically stated about the sexual assault on her by the applicant. The bail application of the co-accused having lesser role has been rejected by this Court. If the applicant is released on bail, he may abscond or threaten prosecution witnesses. The occurrence of the offence is from October-2021 to April-2022. The offence committed by the applicant is heinous. The minimum punishment is of 20 years and requested to reject the application.

I have heard all the learned counsel. Perused chargesheet and

Page 2 of 4

7-BA-4492-2025 (CR).doc

S.S.Kilaje

documents produced on record. There is delay in lodging the complaint. The DNA of the fetus does not match with the applicant. To prove the allegations against the applicant, evidence is required. It is alleged that the applicant committed last sexual assault in the month of April-2022 whereas at the same time, he was in jail in other offence. Considering these facts, I pass following order.

ORDER

i. The applicant be enlarged on bail in C.R.No. 412 of 2022 registered with Walchandnagar Police Station, Pune, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount.

ii. The applicant shall attend the concerned police station as and when required.

iii. The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

iv. The applicant shall not enter in the jurisdiction of Walchandnagar till recording evidence of first informant and victim except attending Court dates.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of.

Page 3 of 4

7-BA-4492-2025 (CR).doc

S.S.Kilaje

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations

made in this order.

All concerned to act on the authenticated copy of this order.

(SHIVKUMAR DIGE, J.)

Page 4 of 4