Bhushan Bhimrao Bhise v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.158 OF 2026 Rohan Chintamani Shinde ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. V.R. Kasle, Advocate for Applicant.

Mr. S.M. Mangaonkar, APP for the State.

PSI, Mr. Sanjay Apsatwar, Panvel City Police Station.present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

17th January 2026 P.C.:

1.

Heard Mr. Kasle, learned Counsel appearing for the Applicant and Mr. Mangaonkar, 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.764 of 2025 registered with Panvel City Police Station, Navi Mumbai, for the offences punishable under Sections 69, 71 and 316 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

It is the submission of the learned Counsel for the Applicant that the relationship is consensual in nature.

4.

On the other hand, Mr. Mangaonkar, learned APP strongly opposes the Application. He submits that by false promise of marriage, the Applicant has established sexual relations and therefore the offence is serious.

5.

The prosecution case is set out in paragraph Nos. 5 to 9 of the Order dated 8th January 2026 passed by the learned Special Judge, Panvel, District-Raigad in Criminal Bail Application No. 1057 of 2025, which reads as under :

" 5.

FIR is registered by victim herself. FIR shows that victim is a teacher and as she was divorcee, she had registered herself on Jeevansathi.com. On 4 ^ (th) September 2025 on Jeevansathi.com, she received request from applicant and both had shared their mobile numbers. It was informed by applicant that he is in construction business and he is also a divorcee. On next day, victim along with her friend met applicant at Orion Mall, Panvel and then they had gone at Alibaug where they stayed for two days. That time applicant had informed her that he intends to marry her and consequently, he had told about same to sister & mother of victim.

6.

FIR further shows that both were talking on phone and on 15 (th) September 2025 applicant had called victim at Panvel as on that day it was his birthday. He had booked a room in lodge and on that room, he forcibly committed sexual intercourse with victim. Thereafter, on 22 (nd) September 2025 both had gone at Lonavala and on 23 (rd) September 2025, applicant committed forcible sexual intercourse with victim on lodge in which they had stayed. On next day then had

gone at Alibaug in the house of victim where applicant again committed forcible sexual intercourse with her. 7.

FIR further shows that on 30 (th) September 2025, both had gone at Alibaug and stayed there till 2nd October 2025 and during that period, applicant committed forcible sexual intercourse with her. On 6th October 2025, when victim insisted applicant to meet her parents for marriage talks, he said that his cousin has met with an accident and thereafter, when victim was frequently insisting for marriage, he blocked her mobile number, WhatsApp, Facebook & Instagram. After two days, he called her and abused her as she refused to give money.

8.

FIR further shows that on 23rd October 2025, victim had met applicant and that time, applicant had taken online loan of Rs.11,000/- on Front App from mobile phone of victim and he had withdrawn that amount from bank account of victim. He had told her that for further 3 months, he is not able to marry as his cousin has expired. Thereafter, he had blocked her mobile number. On 11th December 2025 he had called victim to watch movie and in cinema hall, he misbehaved with her. He forced her to left cinema hall and when victim had gone at home, she noticed that her gold chain is missing therefore, she had called police and search of chain was taken in the cinema hall but chain was not found but only gold pendant was found. 9.

FIR further shows that when she had called applicant in the police station about missing chain, he refused to come there Thereafter, she had gone on address of applicant and there she came to know that before 3 months applicant has performed marriage with another lady and before that, he had taken divorce from his first wife. She came to know that she is being cheated on pretext of marriage and by false promise of marriage applicant committed sexual intercourse with her therefore, FIR is registered."

6.

There is substance in the contention that the relationship is of consensual and however, prima facie, the First Informant kept sexual relationship with the Applicant as the Applicant has assured that he would marry the First Informant. However, in the facts and circumstances, custodial interrogation is not necessary. There are no antecedents.

7.

Accordingly, case is made out for grant of anticipatory bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Rohan Chintamani Shinde be released on bail in C.R. No.764 of 2025 registered with Panvel City Police Station, Navi Mumbai, on executing P.R. bond of Rs.1,00,000/- and furnishing one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station on 22nd January 2026 and 23rd January 2026 between 11.00 a.m. to 2.00 p.m. and thereafter on every Sunday between 1.00 a.m. to 2.00 p.m. 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 leave India without prior permission of the Court.

(vi) 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 allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)