Dhiraj Suresh Bolakani v. State Of Maharashtra And ANR

1 16-ABA 2050-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2050 OF 2025 Dhiraj Suresh Bolakani ... Applicant V/s.

State of Maharashtra & Anr.

... Respondents ----- Mr. Bharat V. Bhatia a/w Kirti S. Kataria for the Applicant. Mr. V. N. Sagare, APP for Respondent No.1-State. Mr. Abdul Wahab Shaikh i/by Mohit Ahuja for Respondent No.2. PSI Sham R. Atpalkar, Ulhasnagar Police Station is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

03RD OCTOBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.10.28 16:10:15 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.389 of 2025 registered with Ulhasnagar Police Station for the offences punishable under Sections 376, 376(2)(n), 504, 506 and 323 of the Indian Penal Code, 1860.

3.

The husband of the prosecutrix was the friend of the Applicant. It is the case of the prosecution that the Applicant frequently used to visit her husband's office and in absence of her husband used to make inappropriate advances. It is alleged that the Applicant clicked her screenshots during their conversation on video call and started blackmailing the prosecutrix that he would show the said screenshots to her husband and committed forcible sexual intercourse with her on

2 16-ABA 2050-25.doc multiple occasions. It is alleged that the Applicant falsely accused the first informant of having an affair with one Ayyappan Naidu and disclosed the same to her husband.

4.

I have heard Learned Counsel for the Applicant, Learned APP for Respondent No.1-State and Learned Counsel for Respondent No.2. 5.

Learned Counsel for the Applicant submits that as the Applicant has lodged the FIR against the husband of the prosecutrix as the husband of the prosecutrix tried to kill him, as a counter blast, the prosecutrix has lodged the present false FIR against the Applicant. It is submitted that there is delay in lodging the FIR. It is further submitted that the prosecution has already filed chargesheet against the present Applicant and therefore custodial interrogation is not necessary. 6.

On the other hand, Learned APP for Respondent No.1-State as also Learned Counsel for Respondent No.2 submit that under threat, the prosecutrix was subjected to forcible sexual intercourse by the Applicant. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

7.

I have perused the FIR. According to the prosecutrix, she was subjected to forcible sexual intercourse on multiple occasions since October, 2023. However, the report came to be lodged only after lodging of report by the Applicant against the husband of the prosecutrix. The prosecution has already filed chargesheet against the Applicant. In that

3 16-ABA 2050-25.doc view of the matter, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.389 of 2025 registered with Ulhasnagar Police Station for the offences punishable under Sections 376, 376(2)(n), 504, 506 and 323 of the Indian Penal Code, 1860, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall not enter into the limits of Ulhasnagar City till conclusion of the trial.

iv.

The Applicant shall deposit the mobile phone with the investigating officer.

8.

The present Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)