Prashant Namdev Pawar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3178 OF 2025 Prashant Namdeo Pawar ...Applicant
Versus
State of Maharashtra
...Respondent
Mr. Aniket Nikam a/w Mr. Dushyant Digamber i/by Mr. Sumit Patil, Advocate for Applicant.
Ms. G.P. Mulekar, APP for the State.
API, Gajanan Jadhav, Samarth Police Station, Pune City present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
19th November 2025 P.C.:
1.
Heard Mr. Nikam learned Counsel appearing for the Applicant and Ms. Mulekar, 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.231 of 2025 registered with Samarth Police Station, Pune City, for the offences punishable under Sections 69, 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").
3.
The case of the prosecution is set out in paragraphs 2 and 3 of the Order dated 10th November 2025 passed by the learned
Additional Session Judge, Pune in Criminal Bail Application No.7170 of 2025. The said paragraphs read as under : " 2. Afore crime emerged from the report dated 10/10/2025 lodged by the victim, alleging therein that she is pursuing second year Engineering course at Pune. It is alleged that her father hails from Beed district, whereas applicant is hailing from Aurangabad district. It is alleged that applicant being her relative has made a proposal for marriage with the victim. Accordingly, the engagement ceremony was performed at Aurangabad and the marriage ceremony was proposed at Pune. It is alleged that on 22/05/2022, the engagement ceremony was performed, wherein her parents paid Rs.3,00,000/- cash out of Rs.11,00,000/- of the dowry amount. It is alleged that the applicant passed her Whats App message about his intent to see her naked.
It is alleged that on 22/09/2022, as per the demand made by applicant and his parents, her father handed over the amount of Rs.2,50,000/- to his grandmother. It is alleged that applicant and his parents used to demand expensive gift articles and their demands were fulfilled. She alleged that at the instance of the applicant, she switch to Engineering course from B.A.M.S. course. It is alleged that the applicant is serving as 3D Artist. It is alleged that the applicant has ravished her on the false promise of marriage at different places without her consent. It is alleged that on 09/05/2025, applicant and his parents, came to her house and demanded 21 Tolas Gold and one Fortuner car.
They threatened her parents that if their demand is not fulfilled then they would cancel the marriage proposal and would perform his marriage with another girl."
4.
It is the submission of Mr. Nikam, learned Counsel for the Applicant that there are total three Accused i.e. the present Applicant and his parents. As far as Accused Nos.2 and 3 i.e. parents of the Applicant are concerned, they have been already granted anticipatory bail. He submits that all the allegations concerning receipt of amount is against the parents of the Applicant. He submits that on 26th May 2022, engagement ceremony was performed and as there were issues regarding compatibility, the marriage could not be solemnized. He submits that in any case, custodial interrogation is not necessary and the Applicant will co-operate with the investigation. He submits that there are no antecedents.
5.
On the other hand, Ms. Mulekar, learned APP strongly opposes the Anticipatory Bail Application. She submits that there are serious allegations against the present Applicant including that he has demanded the dowry. She submits that the First Informant was required to be urgently operated on 10th June 2025 and thereafter the Applicant and his family members have not contacted the First Informant and her family members. She submits that therefore custodial interrogation is necessary.
6.
Perusal of the record shows that there are three Accused. As far as Accused Nos. 2 and 3 i.e. parents are concerned, they have been already granted anticipatory bail. The Applicant has no other antecedents. Perusal of the record further shows that the custodial interrogation is not necessary. The Applicant is ready to co-operate with the investigation.
7.
Accordingly, the Applicant is entitled to pre-arrest bail. Hence, following Order is passed:
O R D E R
(i) In the event of arrest, the Applicant- Prashant Namdeo Pawar be released on bail in C.R. No.231 of 2025 registered with Samarth Police Station, Pune City, on executing P.R. bond of Rs.50,000/- and furnishing one or two solvent sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station on 26th November 2025 and 27th November 2025 between 11.00 a.m. to 2.00 p.m. and thereafter once in 15 days i.e. on first and third Sunday between 11.00 a.m. to 2.00 p.m., till filing of the Charge-sheet and shall co-operate with the investigation.
(iii) 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.
(iv) 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.
(v) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.
(vi) The Applicant shall not leave India without prior permission of the Court.
8.
The Anticipatory Bail Application is allowed and disposed of accordingly.
BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.11.19 18:23:25 +0530