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Bombay High CourtABA/1643/2025disposed off

Aman Hamid Khan v. State Of Maharashtra

2025-10-16Hon'Ble Shri Justice Madhav J. Jamdar6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1643 OF 2025 Aman Hamid Khan ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Ganesh Gupta a/w. Mr. Sahil Ghorpade, Mr. Rahul Lolandkar, Mr. Surya P. Gupta, Mr. Madan Khansole and Ms. Priyanka Rathod i/b. GG Legal Associates, for the Applicant.

Mr. C. D. Mali, APP, for the Respondent No.1-State. Ms. Ashwini Acharii a/w. Mr. Taraq Sayed and Mr. Anish Pereira, for the Respondent No.2-Complainant Mr.Pankaj Khopade, PSI, attached to Kondhwa Police Station, Pune City, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

16th OCTOBER 2025 PC:- 1.

Heard Mr. Gupta, learned Counsel appearing for the Applicant, Mr. Mali, learned APP appearing for the Respondent No.1-State and Ms. Acharii, learned Counsel appearing for the Respondent No.2-Complainant.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in connection with C.R. No.123 of 2025 registered with Kondhwa

Police Station, Pune, for the offence punishable under Sections 75, 78, 351(2) and 356(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

As per the prosecution case the First Informant is knowing the Applicant as they are residing in same locality. They were in relationship till September 2024. But the First Informant refused to marry applicant as he is not earning anything and addicted. Therefore, applicant started threatening informant and defaming her. He has defamed informant and her family members by publishing objectionable messages on social media. He has shared some messages to relatives of informant on 31.01.2025. He is causing harassment to informant by demanding sexual favours from her under the threat of defamation.

4.

Mr. Gupta, learned Counsel appearing for the Applicant tenders affidavit of the Applicant dated 29th September 2025. In the said affidavit it is stated that the Applicant will reside at Life Style Taylor, Near Sheher Police Station, Azaad Nagar Manjal Gaon, Dist. Beed, Maharashtra 4311314. Mr. Gupta, learned Counsel submits that the Applicant is young person and he will cooperate with the investigation and will not repeat the said conduct.

He submits that the Applicant will remove all the photos of the Applicant with the victim posted on any social media and herein after he will not contact the victim in any manner whatsoever and will not post any message, photo etc. concerning the victim on the social media.

5.

Mr. Mali, learned APP appearing for the Respondent No.1State and Ms. Acharii, learned Counsel appearing for the Respondent No.2 strongly opposed the Anticipatory Bail Application.

6.

However, the Applicant is a young person. He has filed the affidavit as set out herein above.

7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Aman Hamid Khan in connection with C.R. No.123 of 2025 registered with the Kondhwa Police Station, Pune, the Applicant is directed to be released on bail on his

furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the Kondhwa Police Station, Pune, on 29th October 2025, 30th October 2025 and 31st October 2025 between 11:00 a.m. to 02:00 p.m. Thereafter, the Applicant shall attend the Kondhwa Police Station, Pune, as and when called and shall cooperate with the investigation. Thereafter, the Applicant shall not enter the Pune District, except for attending the trial and except between 21st November 2025 to 2nd December 2025 to attend the marriage of the sister of the Applicant.

(c) The Applicant shall stay at Life Style Taylor, Near Sheher Police Station, Azaad Nagar Manjal Gaon, Dist. Beed, Maharashtra 4311314 and report to Sheher Police Station, Azaad Nagar, Manjal Gaon, Dist. Beed, Maharashtra 4311314 on 1st and 3rd Sunday of every month till conclusion of the trial. The Senior Police Inspector of the said Police Station to inform the Investigating Officer about the same.

(d) The Applicant shall delete the photographs and messages relating to the victim posted on social media within a period of 3 days from today, if not done earlier. The Applicant shall not post any post, message, photographs, videos on social media concerning the victim hereinafter.

(e) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(f) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(g) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner whatsoever.

(h) The Applicant shall not leave India without prior

permission of the Court.

8.

It is made very clear that, in view of the allegations contained in the FIR, if any of the conditions are violated by the Applicant, then the Anticipatory Bail granted to the Applicant is liable to be cancelled.

9.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.10.18 13:08:28 +0530 SONALI MILIND PATIL