Shrikant Navnath Pawar v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1028 OF 2025 Shrikant Navnath Pawar ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents

Mr. Vishwanath Patil, Advocate for the Applicant. Mr. V. N. Sagare, APP for the Respondent/State. Ms. Aditi Athawale, Appointed Advocate for Respondent No.2. PSI. Nagnath Gaikwad, Shivajinagar Police Station.

CORAM

:

N.R. BORKAR, J.

DATE :

22.09.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. I1065 of 2024 registered at Shivajinagar Police Station, Ambarnath (E), Dist - Thane, for the offences punishable under Sections 376, 376(2)(n),504, 506(2), 500 read with 34 of the Indian Penal Code. 3.

The prosecutrix is married to one Roshan Desale and the present applicant is married to one Pooja Pawar. In August 2023, the prosecutrix was employed as an area manager in the 1/5

company owned by the present applicant. It is alleged that the applicant used to behave inappropriately with the prosecutrix. In September 2023, the applicant took her to Solapur under the pretext of attending certain business meetings there. At that time, they stayed in a hotel, where according to the prosecutrix, the applicant committed forcible sexual intercourse with her against her will. It is alleged that the applicant captured objectionable photographs and videos of the prosecutrix during the said act. Thereafter, it is alleged that the applicant committed forcible sexual intercourse with the prosecutrix on multiple occasions under the threat to make the said objectionable photographs and videos viral on social media. It is further alleged that the applicant persistently insisted the prosecutrix to marry him.

She refused the said proposal, due to which the applicant threatened to kill her and her family members if she did not agree to marry him. The prosecutrix narrated the entire incident to the wife of the applicant, however, to her utter shock his wife justified the applicant's conduct. Consequently, the present crime was registered on the basis of the complaint lodged by the prosecutrix. 4.

I have heard the learned counsel for the applicant, 2/5

learned APP for the respondent-State and the learned counsel for the first informant-victim.

5.

The learned counsel for the applicant submits that the alleged relationship was consensual. In support of the said submission, learned counsel for the applicant has drawn my attention to the WhatsApp messages and other documents filed along with the present application.

6.

On the other hand, the learned APP for the respondentState and the learned counsel for the first informant-victim submit that the applicant has fabricated the documents. It is submitted that the victim was subjected to forcible sexual intercourse by the applicant by threatening her to make her objectionable photographs and videos viral on social media. It is submitted that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

The prosecution has already filed charge-sheet against the present applicant. I have perused the first information report and other documents on record. Prima-facie, the relationship between the applicant and the victim appears to be consensual. 3/5

Considering the said facts, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. I-1065 of 2024 registered at Shivajinagar Police Station, Ambarnath (E), Dist - Thane, for the offences punishable under Sections 376, 376(2)(n),504, 506(2), 500 read with 34 of the Indian Penal Code. The applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

c) The Applicant shall not enter into the limits of Ambarnath Taluka till conclusion of trial.

d) The applicant shall not contact the victim.

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e) Liberty is granted to the prosecution and the victim to file an application for cancellation of anticipatory bail granted by this order if the applicant commits breach of any of the above condition.

[N.R.BORKAR, J.] 5/5