Rajkumar Arjun Charhate v. The State Of Maharashtra, Htr. Pso, Ps, Risod, Dist. Washim

2025:BHC-NAG:6090

(1) 938.aba.299.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.299 OF 2025 Rajkumar Arjun Charhate Vs.

State of Maharashtra, through Police Station Officer, Police Station, Risod District Washim -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Ajay S. Londhe, Counsel for the applicant through video conferencing. Mr. Amit Madiwale, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 27/06/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.162/2025 registered with Police Station Risod, District Washim for the offence punishable under Sections 64(2)(M), 69, 351(2) of Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

2.

The crime is registered on the basis of a report lodged by victim aged about 40 years, on an allegation that, she got acquaintance with the present applicant, and present applicant has promised her for marriage, and subjected her for forceful sexual assault. Thereafter, the applicant has taken her at various places and they also started residing together, but the applicant has subsequently

(2) 938.aba.299.2025 threatened her that he has obtained her obscene videographs, and make it viral, and by threatening the same, he has subjected her for forceful sexual assault. On the basis of the said report, police have registered the crime against the present applicant. 3.

Heard learned Counsel for the applicant through video conferencing, who submitted that it was a consensual relationship and out of consent, the physical relationship was there.

4.

Learned APP strongly opposed the said application and submitted that the mobile phone of the present applicant is to be seized, and the same is produced by him.

5.

After hearing both sides and on perusal of the investigation papers, it reveals that out of a consensual relationship, the alleged incident has taken place. As far as the investigation part is concerned, which is already over and the charge-sheet is also filed. The mobile phone of the present applicant is also seized by the investigating agency. Thus, considering all these aspects, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The interim protection granted to the present applicant by order dated 10.06.2025 is

(3) 938.aba.299.2025 hereby confirmed subject to the condition that the applicant shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the investigating agency.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(iv) The applicant shall attend the proceeding before the Special Court without seeking any exemption unless there are exceptional circumstances.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate