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Bombay High CourtABA/759/2025disposedoff

Shri. Anil S/O Arjun Rathod v. The State Of Maharashtra Thr Pso Ps Jaulka Tq Malegaon Dist Washim

2026-01-13Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:520 1 52-ABA-759-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 759 OF 2025 SHRI ANIL S/O ARJUN RATHOD Vrs.

THE STATE OF MAHARASHTRA AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Raju Kadu, Advocate for applicant.

Shri C. A. Lokhande, A. P. P. for respondent No.1. Ms. Varsha Warade, Advocate (Appointed) for respondent No.2. CORAM: M. W. CHANDWANI, J.

DATE : 13/01/2026.

1.

Applicant seeks anticipatory bail in connection with Crime No.248/2025 registered with Police Station, Jaulka, Tah. Malegaon, Dist. Washim for the offences punishable under Sections 64(1), 127(2), 115(2), 351(2), 351(3), 351(4) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. 2.

The victim lodged a complaint with the police station alleging sexual intercourse on false pretext of marriage by the son of the present applicant. It is also alleged that the son of the applicant Shrawan came to be arrested. However, the allegation against the present applicant is that on 10/09/2025, he made travel arrangements for the victim to travel from Amravati to Pune, so that the victim would meet the main accused Shrawan Anil Rathod. The FIR further depicts that after

2 52-ABA-759-2025.odt reaching Pune, the main accused again committed sexual intercourse with the present applicant on false pretext of marriage.

3.

Having heard the learned counsel for the applicant, learned APP for the State and the counsel for the victim as well as having gone through the case diary, it appears that the complainant was a minor when the alleged sexual intercourse occurred on 13/07/2022. However, the date of birth of the applicant is claimed by the prosecution as 27/06/2006. The victim became major on 27/06/2024. The allegation against the present applicant is that on 10/09/2025, he made travel arrangement for the victim to travel from Amravati to Pune. On that day, the victim was a major. Rather, it appears from the case diary that the main accused was about to marry the victim.

4.

Charge sheet has already been filed which goes to show that the investigation is complete in all respects.

5.

Considering the role assigned to the present applicant and the fact that the applicant co-operated with the investigation by attending the concerned police station, a case is made out for confirmation of the ad-interim protection granted vide order dated 08/10/2025. Hence, this order :-

ORDER

i] Order dated 08/10/2025 is hereby confirmed.

3 52-ABA-759-2025.odt ii] Applicant shall attend the concerned police station, as and when directed by the Investigating Officer.

iii] The fees of the appointed counsel be quantified as per rules.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 14/01/2026 17:16:58