BA/1247/2026 of DNYANESHWAR MOTIRAM AWARKAR Vs STATE OF MAHARASHTRA THR PSO., SHIVAJI NAGAR, KHAMGAON, TQ. KHAMGAON DIST. BULDHANA AND ANR on 6 October 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [B.A.] NO. 1247 OF 2026

Dnyaneshwar Motiram Awarkar

-- VERSUS --

State of Maharashtra and Another

__________________________________________________________________________

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.S. Thotange, Advocate for the Applicant.

Mr. H.R. Dhumale, A.P.P. for the Non-applicant No.1/State.

Ms. Aastha Sharma, Advocate (appointed) for the Non- applicant No.2.

CORAM :

M.M. NERLIKAR, J.

DATE :

OCTOBER 06, 2026.

Heard.

2.

The present application is filed seeking regular bail in Crime No.227/2026 for the offences punishable under Sections 74, 75, 76 and 333 of the Bharatiya Nyaya Sanhita, 2023, and Sections 7, 10

and 12 of the Protection of Children from Sexual Offences Act, 2012, registered with Police Station Shivaji Nagar, District Buldhana.

3.

The informant is the mother of the

victim, a 10-year-old minor girl. According to the allegations in the First Information Report, on 25/05/2026 at around 01:00 PM, while the

2026:BHC-NAG:13327

informant was away for work and her mother was attending a death anniversary ritual, the victim was alone at home watching television. At that time, present applicant allegedly entered the house, took off the victim's clothes, removed his own clothes, and attempted to commit a wrongful act. When the victim's friend, Swra, returned and shouted, the accused immediately fled the spot. Due to fear, the victim initially did not disclose the incident. However, upon being questioned by the informant on 06/06/2026 regarding her depressed behavior, the victim narrated the entire incident. Based on these allegations, F.I.R. came to be registered.

4.

The learned counsel for the applicant

submits that the allegations against the applicant are that he has disrobed the victim, who is 10 years of age, in order to obtain sexual favor. He further submits that though the First Information Report discloses serious allegations, however, no purpose would be served by keeping the applicant behind bars since now the investigation is over and the charge-sheet is filed. The maximum punishment provided is up to 7 years. The applicant is in jail since 06/06/2026, and therefore, considering the age of the applicant that he is 58 years of age, the applicant deserves to be granted bail.

5.

On the other hand, the learned A.P.P.

and the learned counsel for the victim vehemently oppose the application and submit that the victim is 10 years of age and the applicant is 58 years of age.

They further submit that when the victim was alone at the house, the applicant entered into the house of the victim and disrobed her. Not only that, but even the applicant has removed his clothes. Further, they submit that the applicant did not stop there, but he has pulled the victim towards him, and therefore, considering the serious allegations, the applicant does not deserve to be granted bail even after filing of the charge-sheet.

6.

Upon considering the submissions,

prima facie, it appears that there are serious allegations against the applicant, and even there is no reason for the informant to lodge a false complaint.

On the contrary, the allegations inspire confidence.

After going through the statement of the victim, she has also specifically stated in detail about the incident. However, it is to be noted that the maximum punishment provided is up to 7 years.

There are serious allegations of disrobing the victim as well as applicant pulling her towards him, and further even the applicant has removed his clothes, the intention can be gathered that the applicant was

intending to do something more than what has been alleged. Since the friend of the victim had arrived at the spot and made a hue and cry, the further incident could not take place. Be that as it may, since now the investigation is over and charge-sheet is filed, and considering the fact that the applicant is behind bars since 06/06/2026, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: