Siddhesh Arun Salaskar v. State Of Maharashtra

Digitally signed by CHITRA SANJAY SONAWANE Date:

2026.04.17 18:05:53 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1677 of 2025 Siddhesh Arun Salaskar Age: 30 Years, Occ: Service, R/at: Flat No.8, Raghunath, Ashish CHS, Gavan Pada, Mulund (E), Mumbai ... Applicant

Versus

1. The State of Maharashtra (At the instance of the Senior P.I. - Vikhroli Police Station, Mumbai- Vide C.R.No.225/2025)

2. XYZ (To be informed through Vikhroli Police Station) ... Respondents ---- Mr Aniket Nikam, a/w. Mr Sumit Patil, i/b Mr Amit Icham, for the applicant.

Mr Arfan Sait, APP, for the respondent/ State. Mr Advait U Shukla, Appointed Advocate for respondent No.2 through Legal Aid.

PI Sandesh Y Mane, Vikhroli Police Station, Mumbai. ---- Coram: R.N. Laddha, J.

Date: 16 April 2026.

P.C.:

The applicant apprehends arrest in connection with CR

No.225 of 2025, registered at Vikhroli Police Station, Mumbai, for offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

2.

According to the prosecution, between July 2023 and April 2025, under the false pretext of marriage, the applicant engaged in physical relations with the informant. Subsequently, the applicant reneged on his commitment and avoided further contact with the victim.

3.

Mr Aniket Nikam, the learned Counsel appearing on behalf of the applicant, asserting the applicant's innocence, contends that the applicant has been falsely implicated in the crime. He submits that both the applicant and the informant/victim are consenting and married adults who were engaged in a consensual relationship. The ingredients of Section 69 BNS are not prima facie attracted to the applicant. It is further submitted that there is a delay in lodging the FIR. The investigation has concluded, culminating in a charge sheet. There is nothing to be recovered or discovered from the applicant. Furthermore, the applicant is ready to abide by any conditions this Court deems fit to impose, including refraining from contacting the victim and co-operating with the trial proceedings.

4.

Mr Arfan Sait, the learned Additional Public Prosecutor representing respondent No.1/ State, and Mr Advait Shukla, the learned Counsel appearing for respondent No.2/ victim, jointly oppose the applicant's request for pre-arrest bail. They submit that the offence is of a grave and serious nature, and express concerns about potential tampering with evidence or the influence of witnesses if the applicant is granted pre-arrest bail. However, the learned APP acknowledges that the investigation has concluded, a charge sheet has been filed, and no recovery or discovery is to be effected at the applicant's behest. 5.

This Court has considered the submissions canvassed across the Bar and perused the records.

6.

Upon perusing the records, it appears that the applicant and the victim are married and of legal age, having been involved in a consensual relationship. Their relationship appears to have spanned from July 2023 to April 2025. The learned APP acknowledges that the investigation has concluded and a charge sheet has been filed. Nothing is to be recovered or discovered at the applicant's instance. The apprehensions regarding potential evidence tampering and witness influence can be mitigated by imposing appropriate conditions. In light of the foregoing, this Court is inclined to exercise its discretion in favour of the applicant. Hence, the following order:

ORDER

(i) In the event of the applicant's arrest in CR No.225 of 2025, registered at Vikhroli Police Station, Mumbai, 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, himself or through any other person, shall not tamper with the evidence or influence witnesses.

(iii) The applicant shall regularly attend and cooperate with the trial Court for the expeditious disposal of the case.

(iv) The applicant shall not contact the victim in any manner whatsoever.

7.

The application stands disposed of accordingly. [R.N. Laddha, J.]