Akshay Ashok Rangshahi v. State Of Maharashtra

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.07.28 21:02:17 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 1256 of 2025 Akshay Ashok Rangshashi (Husband) Age 40 years, Occ. Service, at B/5, Room No.2211, Tiara Hills, Mira Road East, Thane, Maharashtra - 401 107.

... Applicant versus

1. The State of Maharashtra (At the instance of Sr. PI of Kashigaon Police Station, Mira Road (East), Thane).

2. Smt Priti Kanaiyalal Gupta (Wife) Age 33 years, Occ. Actress, At - Room No.608, 4/A, J P North, Mira Road East, Thane - 401 107.

...Respondents

---- Ms Neha Bhavsar a/w Ms Aditi Chaurasia i/b V K Dubey Associates, for the Applicant.

Mr Prashant Jadhav, APP, for Respondent / State. Mr Yash Arora, for Respondent No.2.

PSI Bhagwan Palve, Kashigaon Police Station, is present. ---- Coram: R.N. Laddha, J.

Date: 28 July 2025 P.C.:

This is an application for pre-arrest bail filed by the

applicant, apprehending arrest in CR No.98 of 2025, registered at Kashigaon Police Station, Mira-Bhyander, for the offences punishable under Sections 115(2), 351(2), 352, 85, and 89 read with 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2.

According to the prosecution's case, the applicant subjected the complainant to persistent and severe harassment during the period spanning from 2022 to 2025, while she was residing at her matrimonial home. It is further alleged that the applicant coerced the complainant into undergoing an abortion against her wishes. The applicant is also accused of making repeated and unlawful demands for money from the complainant's parents. Upon their inability or refusal to fulfil these financial demands, the applicant resorted to physical violence against the complainant. He is also alleged to have wrongfully confined her within the bathroom and deprived her of food, subjecting her to further cruelty and inhuman treatment.

3.

The learned Counsel appearing on behalf of the applicant submits that the applicant is the legally wedded husband of the informant, and their marriage was solemnized in June 2022. It is vehemently denied that the applicant ever coerced or compelled the informant to undergo an abortion. The said medical termination of the pregnancy was necessitated purely

due to medical complications and not under any form of pressure or force exerted by the applicant. Furthermore, even as per the averments made in the FIR, the relationship between the applicant and the informant was consensual in nature prior to their marriage. The informant was fully aware of the applicant's marital status at the time. Additionally, the applicant is ready to surrender his mobile phone and to undergo medical examination.

4. The learned Additional Public Prosecutor and the learned Counsel for respondent No.2, opposing the application, argue that the allegations against the applicant are of a serious and grave nature. They argued that the applicant is accused of subjecting the informant to persistent harassment and cruelty, making unlawful demands for money from her parents, and further, forcibly, terminating her pregnancy. 5.

Upon perusing the record, it transpires that the applicant and the informant are legally wedded spouses, having solemnised their marriage in June 2022. It is alleged that in March 2022, the applicant threatened the informant and compelled her to her to undergo an abortion at a Hospital. Further allegations suggest that the informant was subjected to both mental and physical cruelty by the applicant. The medical papers, however, indicate that certain abnormalities were

detected in the foetus, and the abortion was performed on the advise of medical professionals. The accusation of unlawful demands made by the applicant lacks specific details and remains vague and unsubstantiated. The applicant has expressed willingness to surrender his mobile phone and extend full cooperation in the ongoing investigation. The learned APP has fairly acknowledged that, barring the recovery of the applicant's mobile phone and medical examination, the investigation is almost complete. To address concerns regarding tampering with evidence or witness influence appropriate conditions can be imposed.

6. In view of the above, this Court finds it appropriate to allow the present application. Accordingly, the following order is passed.

Order (i) In the event of the applicant's arrest in CR No.98 of 2025, registered at Kashigaon Police Station, Mira-Bhyander, the applicant shall be released on bail upon furnishing a PR Bond of Rs.25,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned

police station on 4, 5 and 6 August 2025, between 11:00 a.m. and 2:00 p.m., to undergo his medical examination and surrender his mobile phone.

(iii) The applicant shall not, himself or through any other person, indulge in any activity that would tamper with the evidence or influence the witnesses.

7.

The application is disposed of accordingly.

(R.N. Laddha, J.)