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Being an Alcoholic Cannot Justify Fabricating Serious Sexual Assault Allegations: Bombay High Court Grants Bail

Shivam

The Bombay High Court granted bail to a man accused of sexually assaulting his minor daughter, citing inconsistencies in statements while reserving the final assessment for trial. - Ganesh Kailas Pawar v. State of Maharashtra

Being an Alcoholic Cannot Justify Fabricating Serious Sexual Assault Allegations: Bombay High Court Grants Bail

The Bombay High Court has granted bail to a 36-year-old man accused of sexually assaulting his minor daughter, citing significant inconsistencies in the statements of the complainant and the victim. Justice Milind N. Jadhav passed the order on October 13, 2026, while clarifying that the allegations would ultimately be examined during trial.

Background

The applicant, Ganesh Kailas Pawar, was arrested on October 31, 2025, in connection with a case registered at Satana Police Station in Nashik district. His wife had initially approached the police following an alleged domestic assault. Their 15-year-old daughter subsequently accused him of sexual assault on two occasions.

The prosecution opposed bail, arguing that the allegations were serious and that the accused could influence the victim or other witnesses if released. The victim's legal aid counsel also opposed the application, stressing the need to protect the minor during the proceedings.

Justice Jadhav examined the complainant's statements, the victim's accounts recorded at different stages, and statements from other family members. The Court identified discrepancies concerning when the alleged incidents occurred, how much time passed between them, and when the victim reportedly informed her mother.

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The Court observed,

"There appears to be a clear inconsistency in the statements of the victim."

Considering these discrepancies, the Court expressed doubt about the prosecution's account at the preliminary stage. It also observed that alleged alcoholism or harassment within a family could not, by itself, justify making serious allegations merely to teach someone a lesson.

However, the Court emphasised that its assessment was limited to deciding the bail application and did not determine the applicant's guilt.

The High Court allowed the bail application and directed Pawar's release on a personal recognisance bond of ₹25,000 with one surety of the same amount.

He must report to the investigating officer on the first Saturday of every month, cooperate with the trial, refrain from influencing witnesses, and obtain the trial court's permission before leaving Maharashtra.

The Court clarified,

"The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits."

The bail application was accordingly allowed and disposed of.

Case Details

Case Title: Ganesh Kailas Pawar v. State of Maharashtra

Case Number: Bail Application No. 3156 of 2026

Judge: Justice Milind N. Jadhav

Decision Date: October 13, 2026

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