Mahesh Shivaji Mane v. State Of Maharashtra

2025:BHC-AS:3929 Diksha Rane 11 ABA 248-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.248/2025 MAHESH SHIVAJI MANE ..APPLICANT VS STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Amit Mane for the applicant.

Ms. Sangita D. Shinde, APP for State.

------------ CORAM : RAJESH S. PATIL, J.

DATE : JANUARY 27, 2025.

P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No.1048 of 2024 registered at Satara City Police Station, District Satara, under sections 376, 376 (2)(n), 406, 420, 323, 504, 506 of the Indian Penal Code.

2.

It is the case of the prosecution that, in March 2019, the informant became acquainted with the present applicant through social media platforms Facebook and Instagram. Subsequently, a friendship developed between them, which later turned into a romantic affair. The applicant, at the relevant time, was residing in Delhi and would meet the informant whenever he visited his

Diksha Rane 11 ABA 248-2025.doc hometown during vacations. It is further alleged in the FIR that, although the applicant was married and a father of two sons, he hide this fact from the informant. It is further alleged that when the informant learnt about the applicant's marriage, she enquired with the applicant who promised her that, although he was married, he would divorce his wife and marry her. The informant believed the applicant's words, and their relationship continued thereafter. This led to them traveling together and even staying together, during which they were engaged in physical relations on several occasions. 3.

It is further alleged that in 2021, the applicant expressed a desire to purchase a plot of land measuring 2R in front of his house and, for that purpose, demanded monies from the informant. When the informant refused to lend the monies, the applicant assured her that since he was going to marry her, they would build their own house on the said land. Based on the applicant's statement, the informant transferred a sum of Rs.1,30,500/- to the applicant's bank account. Even thereafter, periodically, the informant transferred various amounts to the applicant. However, on 3/3/2023, when the informant insisted that the applicant should marry her, he refused to marry and threatened her and also assaulted her. Following this, the informant lodged an FIR against the applicant.

Diksha Rane 11 ABA 248-2025.doc 4.

Mr. Amit Mane, the learned counsel appearing for the applicant, submitted that the informant was well aware that the applicant was married, yet she continued to maintain a relationship with him. She had given various gifts to the applicant. However, due to family pressure, the applicant has been unable to divorce his wife. Nevertheless, the applicant is willing to return the gifts given by the informant and requests some reasonable time to do so. He submits that, in fact, one of the gifts, a piece of land has already been returned to the informant by the applicant through a Sale Deed dated 31/5/2024.

5.

The informant has brought a case, alleging that she was cheated by the applicant under the false promise of marriage. She further claims that the applicant took all her money and has not returned it. In fact, the informant's case is that the applicant initially suppressed the fact that he was married. It was only after the informant discovered that the applicant was married, he admitted the said fact. There is no denial from the applicant that he took various amounts of gifts, including a gold chain, mobile phone, etc., from the informant. The FIR also alleges that the applicant assaulted the informant and cheated her of Rs. 64,78,000/-.

Diksha Rane 11 ABA 248-2025.doc 6.

The learned APP has strongly opposed the present application. 7.

Considering the allegation in the FIR and after considering the submissions, in my opinion, no case has been made out to grant interim protection to the applicant.

8.

In view of the same, the Anticipatory Bail Application is rejected.

(RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 28/01/2025 12:08:00