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Bombay High CourtABA/790/2024allowed

Vishal Supadu Patil v. The State Of Maharashtra

2025-10-06Hon'Ble Justice Advait M. Sethna4 pages

by MULEY SHUBHAM PRAVINRAO Date:

2025.10.09 17:35:16 +0530 MULEY SHUBHAM PRAVINRAO 1 1-ABA-790-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 790 OF 2024 Vishal Supadu Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

----------------- Mr. Sachin Chandan for the Applicant.

Ms. Gauri S. Rao, APP for State.

Mr. Yogesh Salunkhe, PSI Ambad P. S., Nashik City is present. ----------------- CORAM : ADVAIT M. SETHNA, J.

DATE : 6 OCTOBER 2025 P.C.:- 1.

This is an Application for pre arrest bail in CR No.736 of 2023. FIR is registered by Ambad Police Station, Nashik on 27 November 2023 for alleged offences under Sections 498-A, 376, 506 read with Section 34 of the Indian Penal Code, 1860 ("IPC").

2.

Briefly, the case of the prosecution as stated in the FIR is that the Applicant is the distant relative of the Informant's husband. Within a month of their marriage i.e. on 13 March 2023, there were quarrels in the family due to which the Informant moved back to her parental home. The Applicant, on several occasions harassed the Informant by editing her wedding photos. On the day of the incident, the Applicant visited the Informant's house when she was alone and sexually assaulted her, and took inappropriate photographs of the Informant. Thereafter, on 12 June 2023, 1/4

2 1-ABA-790-2024.doc the Applicant coerced the Informant to come to Panchvati Hotel, Nashik, threatening her that he would make the photos viral if she does not consent to intercourse. In such circumstances, on the basis of the complaint of the Informant, the said FIR was registered.

3.

Heard learned counsel for the parties and with their assistance, the Court has perused the record. At the outset, the attention of the Court is invited to an order dated 22 March 2024, passed by this Court in these proceedings. By the said order, upon hearing the parties, the Court had granted interim protection to the Applicant in terms of the conditions set out in the said order. The parties now inform the Court that a charge-sheet CC No.968 of 2024 in these proceedings has been filed on 16 August 2024 before the JMFC at Nashik. This would indicate that the investigation has culminated into filing of the said charge-sheet. 4.

The learned APP on instructions would state that the Applicant has cooperated with the investigation in terms of the order of this Court dated 22 March 2024. It can be thus inferred that he has joined the investigation. There is nothing adverse reported against the Applicant by the prosecution. His presence can be secured at the time of the trial. Considering the fact that the charge-sheet is filed which would entail that the investigation is complete, at this stage, coupled with the fact that there is no aggravating factor which would now justify his detention, in the given factual complexion, a prima facie case is made out for the grant of 2/4

3 1-ABA-790-2024.doc anticipatory bail. Further, in my view, in the given facts custodial interrogation of the Applicant would not be warranted at this stage. 5.

Considering the above facts and circumstances, this Court is of the view that this Application can be allowed. Hence, the following order would meet the ends of justice:-

ORDER

(i) The Interim Order dated 22 March 2024 is confirmed. (ii) In the event of arrest of the Applicant in connection with CR No. 736 of 2023 registered with Ambad Police Station, Nashik for the offences punishable under Sections 498-A, 376, 506 read with Section 34 of the IPC, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000 (Rupees Thirty Thousand Only) with one or more sureties in the like amount.

(iii) The Applicant shall cooperate with the investigation and shall attend the concerned police station as and when required by the concerned Investigating Officer. (iv) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the 3/4

4 1-ABA-790-2024.doc concerned police station.

(v) The Applicant shall obtain appropriate orders of the competent Court before leaving the State of Maharashtra. (vi) The Applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer. (vii) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the complainant or any witness in any manner whatsoever.

6.

The Anticipatory Bail Application is Allowed/Disposed Of in the above terms.

7.

Needless to mention that the observations made above are prima facie for the purposes of adjudicating this Application. [ADVAIT M. SETHNA, J.] 4/4