Court says Instagram chat did not prima facie disclose the offence, witness statements were not incriminating, and continued custody was unnecessary after chargesheet filing
The Bombay High Court has granted bail to a senior citizen and private tuition teacher accused in a POCSO case, observing that the FIR was lodged after an inordinate delay of about 18 months and that the prosecution material did not, at the prima facie stage, justify continued incarceration.
Justice Milind N. Jadhav allowed the bail plea of Sunil Sundar Gandhi, who had been arrested on April 5, 2026, in connection with an FIR registered at Mahad Police Station under Sections 4, 8, 10 and 18 of the Protection of Children from Sexual Offences Act, 2012, read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
According to the prosecution, Gandhi, who ran private tuition classes from his residence, allegedly sexually assaulted a minor student during extra classes between September and October 2024. The FIR, however, was filed only on April 4, 2026, nearly one year and seven months later.
The prosecution relied on an Instagram chat allegedly showing the victim speaking about the incident to a friend. The Court, however, held that the chat did not explicitly disclose the commission of any offence and did not mention the time, place, or nature of the alleged act. It therefore could not be treated as the sole basis to deny bail.
The Court also noted that statements of two batchmates of the victim did not reveal anything objectionable against the applicant. Medical evidence showed no external injury, and the investigation had already been completed with the chargesheet filed before the Special Court.
While acknowledging that delay in lodging FIRs in sexual offence cases is not always fatal, the Court said such delay must be closely scrutinised where there is a discernible possibility of false implication. In the present case, the explanation that the victim’s academic decline was caused by the alleged incident was not found convincing in the absence of incriminating material.
Finding no prima facie material to justify further custody, the Court held that continued judicial incarceration would serve no purpose. It also recorded that the applicant had no prior criminal antecedents and that his credentials as a teacher were well documented.
The High Court directed Gandhi’s release on bail subject to conditions, including furnishing a personal bond of Rs. 25,000 with sureties, monthly reporting to the investigating officer for six months, cooperation with trial, restriction on travel outside India without permission, and a strict bar on contacting the victim or witnesses in any manner.
The Court clarified that its observations were limited to the bail stage and would not affect the merits of the trial.
Bottom Line :
Bail - POCSO case - Applicant granted bail where FIR was lodged after inordinate delay of about 18 months, Instagram chat did not prima facie explicitly disclose commission of offence, statements of other students did not support prosecution case, medical evidence showed no external injury, investigation was complete and chargesheet filed - Delay in sexual offence cases may not always be fatal, but where possibility of false implication is discernible, such delay requires close scrutiny.
Statutory provision(s): Section 483, Bharatiya Nagarik Suraksha Sanhita, 202
Sunil Sundar Gandhi v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2984374
