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Bombay High CourtABA/1188/2025application allowed

Vinod Pratap Rajput v. The State Of Maharashtra And Another

2025-08-26Hon'Ble Shri Justice Abhay S. Waghwase4 pages

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1188 OF 2025 Vinod Pratap Rajput ... Applicant

Versus

The State of Maharashtra and another ... Respondents .....

Mr. Sanjay B. Dushing, Advocate for the Applicant. Mr. S. B. Narwade, APP for Respondent No.1-State. Mr. V. K. Shinde, Advocate for Respondent No.2. .....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

26.08.2025 ORDER :

1.

Apprehending arrest in crime no. 0431 of 2025 registered at Kotwali Police Station, Ahilyanagar for offence under Sections 64(1), 69, 115(2), 351(3), 352 of the BNS, instant anticipatory bail application is pressed into service.

2.

In support of relief, learned counsel pointed out that there is false implication. That, there was not only acquaintance between informant and applicant, but also there were talks of performing marriage. That, in fact applicant as well as informant are divorcees. That, differences arose due to some money transaction and hence, out of annoyance, above false allegations are levelled, that too at a belated stage. As applicant is ready to co-operate and no recovery is

-2to be made from him, learned counsel urges for anticipatory bail. 3.

Learned APP opposed on the ground that, there are serious allegations. Informant lady has been exploited with promise of marriage. On the pretext of purchasing house, her gold and cash has been used and finally she has been cheated by not keeping the promise of marriage. That, there are also allegations of forceful rape against wish and by threatening to make obscene video viral. Therefore, for thorough investigation, learned APP seeks rejection. 4.

Heard. Perused the FIR dated 02.05.2025. Informant seems to be 37 years of age. She reported police that, she was married and had a daughter. Two years prior to the FIR, she obtained divorce from her husband. She claims that for performing second marriage, she registered herself on a matrimonial site and further claims that on 29.12.2024, present applicant got in touch with her informing that he is also a divorcee and was intending to perform second marriage and as such, since then they remained in touch with each other. She claims that on 05.03.2025, applicant came for talks of marriage and borrowed three months time for marriage on the pretext of purchasing house and told that for arranging house, money would be required. Informant claims that believing him, and as she too wanted

-3to marry him, she decided to give him financial help and accordingly transferred Rs.1,80,000/- via online and cash. She further reported that, because of acquaintance, there was love relation between them and since 01.04.2025 she and applicant took room on rent and started residing together. She claims that after 10 days, he demanded physical relations, but she refused, however, saying that now they are going to get married and are further going to purchase new house, he allegedly maintained physical relation with her. Again after 10 days, he demanded more money and on her refusal, she claims that, he threatened to make their intimate photographs viral on social media and to her relatives and also threatened to defame her. Hence she lodged above report.

5.

In the light of above contents of FIR, it is clear that informant is not only a full grown adult lady, but also a divorcee. Acquaintance between her and applicant seems to be since December 2024. Allegations of physical relation against her wish are levelled in the month of April 2025. She also has clearly stated in the FIR that, trusting applicant, she transferred Rs.1,80,000/- for purchasing house for their future life. Finally, when second demand of monitory aid was raised, there are allegations of threats to make intimate video-graph viral and thereafter, report seems to have been lodged.

-46.

Considering the above, custodial interrogation does not seem to be necessary. Further investigation can be carried out by securing presence of the applicant. Learned counsel for the applicant has also undertaken to co-operate with the investigating machinery. For above reasons, following order is passed :

ORDER

I.

The application is allowed.

II.

In the event of arrest of the applicant in connection with crime no. 0431 of 2025 registered at Kotwali Police Station, Ahilyanagar for offences under Sections 64(1), 69, 115(2), 351(3), 352 of the BNS, he shall be released on executing P.B. and S.B. of Rs.15,000/- with one surety in the like amount.

III.

The applicant shall attend the concerned Police Station as and when called by the Investigating Officer till filing of the charge sheet and co-operate in the investigation.

IV.

The applicant shall not attempt to establish contact with the informant in any manner and shall not tamper with the prosecution evidence.

[ABHAY S. WAGHWASE, J.] vre