Mohd. Iqbal Aziz Sheikh @ Haji Iqbal Sheikh v. State Of Maharashtra Thr Ps Bajaj Nagar, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.39 OF 2026 Aadarsh Valmik Meshram ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Harshad Sathe i/b. Mr. Shrikrishna Ganbavale, for the Applicant.

Ms. R. V. Newton, APP, for the Respondent-State. Ms. Ratna Savant-Chaudhari, API, attached to Hinjawadi Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

9th JANUARY 2026 PC:- 1.

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

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.404 of 2025 registered with Hinjawadi Police Station, Pune, for the offences punishable under Sections 69, 89 and 318(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the order dated 29th December 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.4671 of 2025, which reads as under:

"2. Fact of prosecution case is that, on 7/7/2025, as per the report of Trushna Deshbhratar, crime in question registered alleging that, in the year 2018 she was under education at Government Polytechnique College at Yavatmal, she came into contact with the applicant as he used to reside as a neighbour and under education at Jawaharlal Darda Engineering College, Yavatmal. The sum and substance of FIR is that, from 31.12.2023 to .03.07.2025 time to time sexual intercourse committed by applicant with her with assurance and on pretext to perform the marriage with her, that resulted into her pregnancy, without giving knowledge to her, tablet given by applicant to her with an intent to miscarriage / abortion without her consent and will, and lastly, applicant denied to perform marriage with her. According to informant, by doing so offence in question committed by the applicant, hence, her report."

4.

It is the submission of Mr. Sathe, learned Counsel appearing for the Applicant that the relationship if any, is consentual in nature. He submits that the chargesheet is already filed and there are no other antecedents against the Applicant. Therefore, he submits that the Anticipatory Bail Application be allowed.

5.

Ms. Newton, learned APP strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious. 6.

Perusal of the record shows that there is substance in the contention raised by the learned Counsel appearing for the Applicant that the relationship is of consentual nature. In any case, the chargesheet is already filed and therefore, the investigation is complete. There are no other antecedents against the Applicant. 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-Aadarsh Valmik Meshram in connection with C.R. No.404 of 2025 registered with the Hinjawadi Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the Hinjawadi Police Station, Pune, as and when called by the Investigating Officer.

(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.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL SONALI MILIND PATIL Date: 2026.01.12 18:40:28 +0530