Ritesh S/O Naresh Lahoria v. The State Of Maharashtra Thr Pso, Ps Imamwada (Nagpur City) Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1141/2025 Ritesh s/o Naresh Lahoria Vs.

The State of Maharashtra through P.S.O., P.S.Imamwada (Nagpur City), Tq. And Dist. Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri N.R. Raut, Advocate for applicant Ms Trupti Udeshi, APP for non-applicants/State CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 13.10.2025 1.

The applicant is seeking permission to correct the name of respondent. Permission granted.

2.

Necessary amendment be carried out forthwith. 3.

The applicant is arrested in Crime No.489/2025 for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. It is the case of applicant that the applicant and victim are neighbours. There was love relationships between them. They have sexual relations with consent. It is alleged that the applicant had sexual relations with her by giving assurance of marriage. 4.

Learned Counsel for applicant has stated that applicant is 26 years of age and victim is 35 years of age. They had relations and after the engagement of the

applicant with other girl, she has lodged this complaint. The custody of the applicant is not required and hence, prayed to release the applicant on bail.

5.

Learned APP opposed the application stating that the victim has given the statement under Section 183 of the Bharatiya Nyaya Sanhita, 2023. The victim has stated that under the assurance of marriage, he had sexual relations with her. She was pregnant out of the said relations. There was abortion and at the time of abortion, the applicant has given his name as her husband. Therefore, it can be seen that under the garb of marriage, he had sexual relations with her, hence prayed to reject the application. 6.

It is further stated that the victim is the grown up lady. She has sexual relations with the applicant with consent. They were neighbours and knowing each other. The victim is elder than the applicant. She had relations and after she came to know that the applicant is getting married with some other girl, she has lodged the complaint. 7.

Considering the consensual relationships between two grown up persons, the custody is not required. The application deserves to be allowed. Accordingly, I proceed to pass the following order :

i] The criminal application is allowed.

ii] The applicant- Ritesh s/o Naresh Lahoria shall be released on bail in connection with Crime No.489/2025 registered with Police Station, Imamwada, Tah. And Dist. Nagpur for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount. iii] The applicant shall not in any way tamper with the prosecution evidence.

iv] The applicant shall not pressurize or threaten the prosecution witnesses.

v] The applicant shall attend the concerned police station on every Monday and Saturday between 1:00 p.m. to 2:00 p.m.

vi] The applicant shall co-operate the investigation officer.

The Criminal application is disposed of accordingly. (MRS. VRUSHALI V. JOSHI J.) R.S. Sahare