The Bombay High Court has granted bail to senior citizen and private tuition teacher Sunil Sundar Gandhi in a POCSO case, taking note of the 18-month delay in registration of the FIR, the material collected during investigation and the fact that the investigation had been completed and the chargesheet filed.
Justice Milind N. Jadhav passed the order on September 18, 2026, in Bail Application No. 3066 of 2026, arising from FIR CR No. 27 of 2026 registered at Mahad Police Station under Sections 4, 8, 10 and 18 of the Protection of Children from Sexual Offences Act, 2012. The Court, at the prima facie stage, found no material warranting the applicant's continued incarceration and granted bail subject to conditions.
Background of the Case
According to the prosecution, Gandhi was conducting private tuition classes from his residence at Tambad Bhuvan, Mahad. Respondent No. 2 was a Class 10 student enrolled in his tuition classes.
The prosecution alleged that during extra classes between September and October 2024, the applicant locked Respondent No. 2 in the classroom and forcibly kissed him and outraged him without his consent. The FIR was registered on April 4, 2026, and Gandhi was arrested the following day. His earlier bail applications before the Additional Sessions Judge and the POCSO Special Court were rejected.
Before the High Court, Gandhi’s counsel argued that the prosecution case was delayed by nearly 18 months. The defence also pointed out that Respondent No. 2 had continued attending the private tuition classes and later cleared the Class 10 Board Examination with 96.20% marks, arguing that this did not support the prosecution’s claim that the alleged incident had left him severely traumatised. The defence further relied on the medical examination report and the FSL report, while the prosecution opposed bail, arguing that the allegations were serious and that Gandhi could influence the complainant or witnesses if released.
Court's Observations
Justice Jadhav noted that the FIR had been registered more than one and a half years after the alleged incident. The Court examined the Instagram chat relied upon by the prosecution and found that, at the prima facie stage, it did not itself specify the time, place or nature of the alleged offence.
The Court observed:
"Hence in my opinion this cannot be the sole material for considering denying bail to Applicant. It is further seen that prosecution have failed to record the statement of students except two students, who were part of the same batch of students with Respondent No. 2 – Victim or of the previous or later batches of students."
The Court further held that although delay in reporting a serious sexual offence may often have limited significance, that principle is not absolute. Where the material indicates a possibility of false implication, the delay requires careful examination.
The Court also considered that the investigation had been completed and the chargesheet had already been filed. It noted that Gandhi had no prior criminal antecedents and had remained in judicial custody since April 5, 2026.
The Court stated:
"In view of the above observations arrived at after perusing the FIR, statement of the Respondent No.2 and the material appended in the Chargesheet, prima facie there is no material placed on record to persuade me to continue the incarceration of Applicant in prison."
Decision
The High Court allowed the bail application and directed Gandhi’s release on a personal recognisance bond of Rs. 25,000 with one or two sureties in the like amount. He was directed to report to the Investigating Officer once every month for the first six months and comply with several conditions, including attending the trial, not leaving India without permission and not contacting the complainant or witnesses.
The Court specifically clarified that its observations were confined to the consideration of bail and would not affect the merits of the case, which would be decided by the trial court in accordance with law. The bail application was accordingly allowed and disposed of.
Case Title: Sunil Sundar Gandhi v. State of Maharashtra and Anr.
Case Number: Bail Application No. 3066 of 2026
