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2026:BHC-A S:42375 CNR No : HCBM010376142026 Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3156 OF 2026 Ganesh Kailas Pawar .. Applicant Versus State of Maharashtra .. Respondents ....................

 Mr. Kuldeep Nikam a/w Mr. Om N. Latpate, Mr. Samadhan Ghumare, Advocates for Applicant.

 Mr. Yogesh M. Nakhwa, APP for Respondent No.1 – State.

 Ms. Laurel Menezes, Advocate appointed through Legal Aid for Respondent No.2.

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CORAM : MILIND N. JADHAV, J.

DATE : OCTOBER 13, 2026.

P.C.:

1. Heard Mr. Nikam, learned Advocate for Applicant; Mr. Nakhwa, learned APP for Respondent No.1 – State and Ms. Menezes, learned Advocate appointed through Legal Aid for Respondent No.2.

2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R.No.688 of 2025 dated 31.10.2025 registered with Satana Police Station, Nashik for the offences punishable under Sections 64(2)(f), 64(2)(i), 64(2)(m), 65(1), 75, 76 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) along with Sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

3. Applicant before me is the sole accused of 36 years old. He is arrested on 31.10.2025. On 07.05.2026 Special Court, Malegaon rejected Applicant’s bail in C.R.No. 688 of 2025. Hence, Applicant filed present bail application. Investigation is complete and charge-

sheet is filed. Applicant is incarcerated for 11 months and 14 days.

4. Briefly stated, Applicant and Complainant are husband and wife. They have three daughters and one son. Victim is their eldest daughter and she is now 15 years and 5 months old. It is alleged that the Applicant is an alcoholic and that, under the influence of alcohol, he often assaults his family members. On 21.10.2025 also Applicant had assaulted Complainant. Hence she had filed Complaint on 25.10.2025 with Satana Police Station where victim had also accompanied her. They were asked to remain present on 31.10.2025 at their residence for investigation purpose.

4.1. It is alleged that when Police left after completing their investigation victim started crying and narrated the story to her. According to FIR it is alleged that sometime after ‘Rakshabandhan’ when Complainant alongwith her daughter - Akshada and son - Harshad went to visit grandmother at Parner. During the same period, Applicant sent younger daughter - Pari to bring charger from her uncle. It is alleged that between 01:00 to 01:30 in the afternoon Applicant committed sexual assault on victim and forcibly established physical relation with her.

4.2. Thereafter also on one occasion when Complainant had gone to work in farm, Applicant committed the same act. It is alleged that Applicant threatened victim not to disclose this to anyone or else he will kill her and throw her in well, hence she did not disclose it earlier. However, complaint filed by Complainant against Applicant gave the victim courage to disclose these facts. Hence on 31.10.2025, Complainant i.e. mother of victim lodged the FIR against her husband for alleged offences.

5. Mr. Nikam, learned Advocate for Applicant would submit that a malafide, false and fabricated case has been filed against Applicant. He would submit that learned Trial Court failed to appreciate the contradictions in statement made by victim. He would submit that there was quarrel between Applicant and Complainant and to teach a lesson to him, she lodged a false complaint alleging allegations of sexual assault towards victim i.e. their own daughter. He would submit that there is variance in the complaint filed and statement of Complainant recorded under Section 164 of Code of Criminal Procedure Act, 1973. He would submit that medical examination report does not show any injuries corroborating with having physical relation with victim. Hence, there is no prima facie material on record to s