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Bombay High CourtABA/3248/2025allowed

Ranjit Uttam Itape v. State Of Maharashtra

2026-01-27Hon'Ble Shri Justice Madhav J. Jamdar6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3248 OF 2025 Ranjit Uttam Itape ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ratan L. Adhe, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent No.1-State. Mr. Pradyumna D. Sharma and Mr. Gautam P. Khobragade, for the Respondent No.2.

Mr. Suradkar, PSI, attached to Talegaon Dabhade Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

27th JANUARY 2026 PC:- 1.

Heard Mr. Adhe, learned Counsel appearing for the Applicant, Ms. Yadav, learned APP appearing for the Respondent No.1-State and Mr. Sharma, learned Counsel appearing for the Respondent No.2.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.194 of 2025 registered with Talegaon Dabhade Police Station, Pune, for the offences punishable under

Sections 64(2)(f), 64(2)(m) and 351(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

3.

The Applicant is brother-in-law of the First Informant. As per the prosecution case, on 15th June 2025 at 10:00 a.m. when the First Informant's husband was not at home, the Applicant sexually assaulted the victim and took her obscene photographs and threatened her that the said photographs would be made viral. The Applicant sexually assaulted the victim by giving threats on number of occasions.

4.

It is the submission of Mr. Adhe, learned Counsel appearing for the Applicant that the First Informant is in consensual relationship with the Applicant. He submits that first incident took place on 15th June 2025 as per the FIR, however, the Applicant and the First Informant were constantly in contact with each other even before the said incident. He pointed out call details which shows that from 1st May 2025 till 1st August 2025, both of them were in contact with each other and conversation is of substantially longer duration. He submits that although the first incident has been alleged to have taken place on 15th June 2025 at 10:00 a.m.,

however, the Applicant at that time was appearing for examination of Maharashtra State Eligibility Test for Assistant Professor. He submits that the Applicant is not involved in the crime and that there are no antecedents against the Applicant. He submits that the charge-sheet is already filed. He therefore, submits that pre-arrest bail be granted.

5.

On the other hand, Mr. Sharma, learned Counsel appearing for the Respondent No.2-First Informant submits that by taking obscene photographs of the First Informant she was threatened and blackmailed and therefore, she was subjected to sexual assault.

6.

Mr. Sharma, learned Counsel appearing for the Respondent No.2 relies on her affidavit dated 8th December 2025. As far as the contention raised that on 15th June 2025 at the relevant time i.e. at 10:00 a.m. the Applicant was appearing for Maharashtra State Eligibility Test for Assistant Professor, it is submitted that the same is defence of alibi and the same is required to be considered at the stage of trial and not at this stage. Mr. Sharma, learned Counsel

submits that there is apprehension that the Applicant will tamper with the evidence.

7.

Ms. Yadav, learned APP submits that the offence is very serious where victim was forced to keep sexual relations with the Applicant by threatening her to make obscene photographs viral. Therefore, she submits that the Anticipatory Bail Application be rejected.

8.

Perusal of the record shows that the charge-sheet is already filed. There are no other antecedents. There is material on record to indicate that the Applicant and the First Informant were in contact with each other even before the first incident of sexual assault took place and it appears that the conversation is of longer duration. Thus, prima facie there is substance in the contention raised that the relationship is of consensual nature. As far as statement in the FIR that the first incident took place on 15th June 2025 at 10:00 a.m., there is material to indicate that the Applicant was appearing for the Maharashtra State Eligibility Test for Assistant Professor which was scheduled to be held on the same day i.e. 15th June 2025 between 10:00 a.m. to 01:30 p.m..

9.

Thus case is made out for grant of Anticipatory Bail, however, as apprehension is expressed that the Applicant will tamper the evidence, it is necessary to impose stringent conditions. 10.

In view of the said apprehension, Mr, Adhe, learned Counsel appearing for the Applicant, on instructions, states that the Applicant will not enter the jurisdiction of Talegaon Dabhade Police Station, Pune and he will stay at Beed. 11.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Ranjit Uttam Itape in connection with C.R. No.194 of 2025 registered with the Talegaon Dabhade Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the Wadwani Police Station, Beed, once in a fifteen days on every first and third Sunday between 11:00 a.m. to 02:00 p.m. till

conclusion of the trial.

(c) 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.

(d) 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.

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

(f) The Applicant shall not leave India without prior permission of the Court.

12.

The Anticipatory Bail Application is disposed of accordingly. 13.

Needless to clarify that the observations made in this order are prima facie observations.

Digitally signed by SONALI MILIND PATIL Date:

2026.01.29 09:58:36 +0530 SONALI MILIND PATIL [MADHAV J. JAMDAR, J.]