Mohammad Aqib Mohammad Arif v. The State Of Maharashtra Thr Pso Ps Jaripatka Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 939 of 2025 Sami Ejaz Uddin Quazi Age 23 years, Occ. Service, R/at. 4395, Corporation Road, Old Mangalwar Bazar, Ahmednagar, Maharashtra - 414 001.
... Applicant versus
1. The State of Maharashtra through Koregaon Park Police Station.
2. ABC
...Respondents
---- Mr Aashay Rabade, for the Applicant.
Mr A S Shalgaonkar, APP, for Respondent No.1 / State. PSI Shashank Jadhav, Koregaon Park Police Station, Pune, is present.
---- Digitally signed by MAMTA AMAR KALE Date:
2025.08.08 19:55:50 +0530 MAMTA AMAR KALE Coram: R.N. Laddha, J.
Date: 7 August 2025 P.C.:
.
The learned APP informs the Court that the notice has been served by the Investigating Officer upon respondent No.2 and she seeks legal aid assistance. Ms Kanchan Pawar, who is present in the Court is appointed as Advocate to espouse the cause of respondent No.2. Legal fees to be paid by the High Court Legal Service Committee. The learned Counsel for the
applicant to provide a copy of this application to the learned Advocate so appointed.
2.
Heard Mr Aashay Rabade, the learned Counsel appearing on behalf of the applicant, Mr Anand Shalgaonkar, the learned Additional Public Prosecutor representing respondent No.1 / State and Ms Kanchan Pawar, the learned Counsel appearing on behalf of respondent No.2 / informant.
3.
By this application, the applicant seeks pre-arrest bail in connection with C.R. No.25 of 2025, registered at Koregaon Park Police Station, Pune City, for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 4.
According to the prosecution, the incidents in question are said to have taken place between October 2022 to January 2025. The First Information Report was filed on 23 February 2025. According to the victim, under the pretext of marriage, the applicant engaged in physical relations with her, however, he later began avoiding her.
5.
The learned Counsel for the applicant submits that the relationship between the victim and the applicant was consensual. At the relevant time, they both were of legal age. The applicant never misrepresented the victim and never
promised her to marry.
6.
On the other hand, the learned APP submits that the applicant engaged in sexual relation with the victim under the guise of marriage and subsequently reneigned the promise. However, the learned APP fairly concedes that the investigation in the present case has been concluded, including the requisite medical examination of the applicant and nothing remains to be recovered or discovered from the applicant. 7.
Upon perusing the records, it appears that the relations between the applicant and the victim persisted from October 2022 to January 2025. The FIR was filed on 23 February 2025. The relationship seems to have been consensual and they both were adults of legal age. The applicant has attended the police station and cooperated with the investigation and nothing remains to be recovered or discovered from him. The investigaiton has been concluded and the prosecution is in the process of filing the charge sheet.
8.
In the circumstances, the Court finds no reason to deny bail to the applicant in anticipation of his arrest. Accordingly, the application is allowed on the following terms:
(i) In the event of the applicant's arrest in C.R. No.25 of 2025, registered at Koregaon Park Police Station, Pune City, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant shall attend the concerned police station as and when required by the investigating officer till filing of the charge sheet.
(iii) The applicant, himself or through any other person, shall not tamper with the evidence or influence witnesses.
9.
The application stands disposed of accordingly. [R.N. Laddha, J.]