Rahul Subhash Shitole v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3412 OF 2025 Rahul Subhash Shitole ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Amit Icham a/w. V. Manojkumar Laxman and Mr. Chaitanya Purankar, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State. Mr. Anil Jadhav, PSI, attached to Loni Kalbhor Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

11th DECEMBER 2025 PC:- 1.

Heard Mr. Icham, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 438 of the Code of Criminal Procedure, 1973 and under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.484 of 2025 registered with Loni Kalbhor Police Station, Pune, for the offences punishable under Sections 498-A, 377, 313, 323, 504, 506 read with 34 of the Indian Penal Code, 1860.

3.

As per the prosecution case, the Applicant is husband of the First Informant and Applicant and other co-accused subjected her to cruelty and therefore, the FIR is filed.

4.

It is the submission of Mr. Icham, learned Counsel appearing for the Applicant that the FIR has been filed on 4th November 2025 of the incidents which have taken place from 2014 to 2023. He submits that the FIR is totally false as the First Informant was having relationship outside marriage with one Satish Maruti Pawar since about 2010. To substantiate the said contention, he relies on C.R. No.294 of 2024 registered with Panchgani Police Station, District-Satar for the offences punishable under Sections 312, 323, 376(2)(n), 504 and 506 of the Indian Penal Code, 1860. He therefore, submits that totally false FIR is lodged. He also relies on WhatsAPP Chats annexed from page 53 to 87. He submits that the Applicant is in Government Service in Police Department and working as HeadConstable and that the Applicant is not involved in the crime. Therefore, he submits that the pre-arrest bail be granted to the Applicant.

5.

On the other hand, Ms. Yadav, learned APP appearing for the Respondent-State strongly opposes the Anticipatory Bail

Application. She relies on some medical papers showing that the First Informant has undergone abortion on three occasions. 6.

Prima facie, there is substance in the contention of Mr. Icham, learned Counsel appearing for the Applicant that the First Informant is having relationship outside marriage with one Satish Maruti Pawar at least since the year 2021. The same can be seen from the perusal of the FIR bearing C.R. No.294 of 2024 registered with Panchgani Police Station, District-Satara, Prima facie, there is substance in the contention of Mr. Icham, learned Counsel appearing for the Applicant that the FIR lodged is false FIR as the First Informant was in a relationship outside marriage with one Satish Maruti Pawar.

7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Rahul Subhash Shitole in connection with C.R. No.484 of 2025 registered with the Loni Kalbhor Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.10,000/- with one

or two solvent sureties in the like amount.

(b) The Applicant shall attend the Loni Kalbhor Police Station, Pune, as and when called by the Investigating Officer and shall co-operate with the investigation. (c) 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.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL SONALI MILIND PATIL Date: 2025.12.11 16:20:51 +0530