Tapan Kiran Doshi v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2982 OF 2025 Tapan Kiran Doshi ...Applicant V/s.
The State of Maharashtra and Anr.
...Respondents
Mr. Chaitanya Pendse a/w Adv. Shantanu Kadam a/w Adv. Krutik Veera a/w Adv. Atharva Jagtap, Advocate for the Applicant. Mr. V. N. Sagare, APP for the Respondent/State. Adv. Sana Shaikh a.w Adv. Kulsum Shah, Advocate for Respondent No.2 (victim).
CORAM
:
N.R. BORKAR, J.
DATE :
11.02.2026.
P.C. :
1.
This is an application for Anticipatory Bail. 2.
The applicant is apprehending his arrest in Crime No. 683 of 2025 registered at M.H.B. Colony Police Station, for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023.
3.
In 2019 the applicant and the victim got acquainted with each other while the victim was taking coaching at the "ICAI" institute, Bhayandar. Thereafter they became friends and started meeting each other. It is alleged that on 07.06.2025 the present applicant, on the pretext that they would study together, had called the victim to his house and tried to get intimate with the victim. It is alleged that when the victim resisted the said act, the 1/3
applicant promised to marry her and on that pretext committed sexual intercourse with her. It is alleged that thereafter on the very same pretext, he subjected her to sexual intercourse on five occasions. It is alleged that thereafter when she inquired about marriage, he told her that his family members would not allow him to marry her. It is thus alleged that the present applicant subjected the victim to sexual intercourse on a false promise of marriage.
4.
I have heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the first informant.
5.
The learned counsel for the applicant submits that there was no promise of marriage and the alleged relationship between the victim and the applicant was consensual. In support of the said submission, the learned counsel for the applicant has drawn my attention to the WhatsApp chats between the applicant and the victim. It is submitted that the prosecution has already filed the charge-sheet against the applicant and thus there is no need of custodial interrogation.
6.
On the other hand, the learned APP for the respondentState and the learned counsel for the victim submit that there is a material on record to show that the applicant subjected the victim to sexual intercourse on the promise of marriage. It is submitted that considering the nature of offence, the applicant may not be released on anticipatory bail.
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7.
I have perused the First Information Report and the WhatsApp chats between the applicant and the victim. In the entire WhatsApp chats, including the WhatsApp chats after the alleged incident dated 07.06.2025, there is not even whisper about the marriage. Prima-facie, the alleged relationship between the applicant and the victim appears to be consensual. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :
O R D E R
a) The Application is allowed.
b) In the event of arrest of the applicant in connection with Crime No. 683 of 2025 registered at M.H.B. Colony Police Station, for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.
c) The applicant shall not contact the victim and shall not tamper with the prosecution evidence.
d) The applicant shall attend the concerned police station once in a month i.e first Saturday between 11:00 a.m. to 02:00 p.m., till conclusion of the trial.
[N.R.BORKAR, J.] 3/3