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Bombay High CourtABA/181/2026disposed off

Rohit Kisanrao Jadhav v. State Of Maharashtra And ANR

2026-02-12Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 181 OF 2026 Rohit K. Jadhav ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents.

..............

Adv. Priyal Sarda a/w Adv. Seema S. Dighe, Adv. Madhukar Gadage and Adv. Kailash Tiwari i/b Adv. Rahul Arote for Applicant. Mr. V. N. Sagare, APP for Respondent/State.

Adv. Mubin Solkar a/w Adv. Tahir Hussain, Adv. Anas Shaikh, Adv. Tahera Qureshi, Adv. Zahid Burud and Adv. Ilyas K. for Respondent No.2.

PSI K.K. Walvekar, Airport Police Station is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

12.02.2026.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No.0009 of 2026 registered at Airport Police Station, Mumbai city for the offences punishable under Sections 123, 351(2), 352, 64(1), 69 and 77 of the Bharatiya Nyaya Sanhita, 2023.

3.

It is the case of the prosecution that the applicant and the victim got acquainted with each other through common friend. It is alleged that the present applicant promised the victim that he would marry her and on that pretext established physical relations with her. Later on she came to know that the applicant is already married and therefore she refused to meet him. 1/3

4.

It is alleged that on 15th June 2024, the applicant called her to meet him and threatened to make her objectionable photographs / videos viral if she refused to meet him. It is alleged that when she met him, he forcibly established physical relations with her.

5.

I have heard the learned counsel appearing for the applicant, the learned APP for the respondent / State and the learned counsel for the respondent No.2/first informant. 6.

Learned counsel for the applicant submits that the alleged relationship between the applicant and victim was consensual. In support of the said submission, the learned counsel for the applicant has drawn my attention to the WhatsApp chats between the applicant and the victim. It is submitted that with ulterior motive, false report is lodged against the applicant. It is submitted that there is no need of custodial interrogation and the applicant is ready and willing to cooperate in the investigation. 7.

On the other hand, learned APP for the respondent/State and the learned counsel for the respondent No.2/first informant submit that after the victim refused to meet the applicant, she was constantly threatened. It is submitted that even objectionable photographs of the victim were sent to her friend. It is submitted the considering the nature of crime, the applicant may not be released on anticipatory bail.

8.

I have perused the WhatsApp Chats between the applicant and the victim. It appears that even after the incident dated 15th 2/3

June 2024 the applicant and the victim were in contact with each other. Prima facie, the alleged relationship between the applicant and the victim appears to be consensual.

9.

Learned counsel for the applicant has tendered the undertaking of the applicant by which he agreed to stay out of Mumbai City till conclusion of trial. The undertaking is taken on record and marked as "X" for the purpose of identification. 10.

Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail on certain conditions. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.0009 of 2026 registered at Airport Police Station, Mumbai city for the offences punishable under Sections 123, 351(2), 352, 64(1), 69 and 77 of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

C) Till the conclusion of the trial, the applicant shall not enter into the limits of Mumbai City, except to attend the dates before the trial Court and if called for the purpose of investigation.

[N.R.BORKAR, J.] 3/3