Saurabh Sampat Atole v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1700 OF 2025 Saurabh Sampat Atole ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Sanjeev Kadam, Senior Advocate i/by Mr. Vaibhav Ugle a/w Mr. Vikas Somwanshi, Mr. Suraj Mhadgutd and Ms. Rutika Karale, for Applicant.

Ms. S.K. Gajre, APP for the State.

API, Mr. Pradeep Bhitade, Baramati City Police Station, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th November 2025 P.C.:

1.

Heard Mr. Sanjeev Kadam, learned Senior Counsel appearing for the Applicant and Ms. Gajre, learned APP for the State.

2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.144 of 2025 registered with Baramati City Police Station, Pune Gramin, for the offences punishable under Sections 69, 115(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"), 2023.

3.

The prosecution case is set out in paragraph No.4 of the Order dated 10th June 2025 passed by the learned Special Judge, Baramati in Criminal Bail Application No. 389 of 2025 which reads as under :

"4. On 28.04.2025, complainant-victim lady aged 25 years, lodged a report to Baramati City Police Station, alleging that she was studying in M.A. at Baramati. She knows present accused-Saurabh Sampat Atole, as he was residing in same village of complainant and studying in same school. In June 2024, accused sent her a friend request on Instagram which she accepted, as she was acquainted with him. Thereafter, they both started chatting on Instagram and friendship developed between them. On 30.07.2024, when she was in her College, accused called her and told that he had also been to the college and asked her to meet him. Then complainant went with accused at Kanheri village in a four wheeler. Accused told her that after completing education, they would do some business, and then they may get married.

Thereafter, complainant used to meet accused in the meanwhile after coming to Baramati. On 11.10.2024, there was birthday of accused. Hence, accused came to meet complainant at her college. He met her and took her in a car to one lodge at Baramati and stayed there.

consent. When she opposed, accused said that they were going to marry. He forcibly had physical intercourse with her. On 28.10.2024, they both met at a lodge, but did not have any physical relations. On 19.11.2024, at about 12:00 noon, accused took complainant to one lodge saying that he wanted to talk her about his business. Accused told that he wanted to have sex with her, to which, she opposed. However, accused forcibly had sex with her under the pretext of marring her. On 03.12.2024, at about 3:00 p.m., when complainant came to meet her relatives at hospital, accused also came to Baramati and took complainant to lodge and had sexual intercourse with her. On 28.01.2025, when complainant came to Baramati, accused met her and demanded money for his business, and accordingly, she paid Rs.15,000/- to him.

Thereafter, complainant came to know about settlement of marriage of accused with another girl and she inquired him of the same. Accused told her that he would marry with complainant. On 04.03.2025, at about 12.00 p.m., accused met complainant at lodge and told that as his marriage was settled, she should not interfere. When she asked him, he abused and threatened her. Again on 25.03.2025, at about 12.00 p.m., accused called complainant to lodge and told her not to meet him again and asked her to do whatever she wanted. Accused abused her and beat her with hands.

He said that he has her photographs and videos in his mobile and threatened to make them viral. Therefore, complainant lodged present complaint against the accused."

4.

It is the contention of Mr. Kadam, learned Senior Counsel for the Applicant that the relationship is consensual. He submits that in any case, Charge-sheet is filed and that the investigation is completed. He therefore submits that the Applicant be granted anticipatory bail.

5.

On the other hand, Ms. Gajre, learned APP strongly opposes the Application. She submits that the Applicant and the victim are from same village and therefore, it is likely that the Applicant will tamper with the investigation. She further points out statement of witness- Nekgram Ramlal Rawat dated 3rd May 2025 who is the owner of Sunshine Lodge, Anand Gold Coin Building, Baramati stating that the Applicant has threatened him. 6.

Mr. Kadam, learned Senior Counsel states that the Applicant will not stay in the Baramati District and he will stay with his father namely Sampat Haribhau Atole residing at Madanwadi, Choufula, Baramati Road, Bhigvan, Taluka Indapur, District-Pune and will attend nearest Police Station i.e. Bhigvan, District Pune.

7.

Perusal of the record shows that the Charge-sheet is filed and therefore, investigation is completed and thus the Applicant can be released on anticipatory bail. However, the Applicant is staying in the same village where the victim is staying, and there is material on record to show that the Applicant has threatened one witness. Thus, strict conditions are required to be imposed. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Saurabh Sampat Atole be released on bail in C.R. No.144 of 2025 registered with Baramati City Police Station, Pune Gramin, on executing P.R. bond of Rs.1,00,000/- and furnishing one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the Bhigvan Police Station, Taluka Indapur, District-Pune once in a week on each Monday between 11.00 a.m. to 1.00 p.m. The Police Inspector of Bhigvan Police Station, Taluka Indapur, District-Pune to communicate details thereof to the Investigating Officer.

(iii) The Applicant shall not enter the jurisdiction of Taluka Baramati, District-Pune except for attending the trial. (iv) 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.

(v) 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.

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

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.11.11 20:01:09 +0530