Hindurao Subhash Awale And ANR. v. State Of Maharashtra And ANR.

1 09 ABA 297.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.297 OF 2026 [Aditya s/o Digeshwar Dhait .vs. State of Maharashtra, Through Police Station Officer, Armori Police Station, Tahsil-Armori, District-Gadchiroli] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.A. Bramhe, Advocate for Applicant.

Mr. N.R. Rode, APP for Non-Applicant.

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

CORAM : RAJNISH R. VYAS, J.

DATE : APRIL 17, 2026.

1.

Heard.

2.

Apprehending arrest the sole accused has approached this court. The first information report was registered on 27.3.2026 with Armori Police Station, District-Gadchiroli for the offences punishable under Sections 69 and 318 of the Bharatiya Nyaya Sanhita, 2023 on the basis of the complaint lodged by the victim of the crime. 3.

In short, it is the case of the present applicant that the informant, who was 21 years of age, was having love affair with the applicant. The applicant and informant had agreed to marry and, therefore, on several occasions sexual intercourse took place between them. The informant also got pregnant twice and the fetus was ultimately aborted.

4.

It is the case of the informant that on 10.2.2026 she disclosed to her mother that she was having love affair with the applicant and they had decided to marry. The mother of informant then agreed to the proposal of marriage. The first information report shows that even the applicant had disclosed the aforesaid fact to his parents but the relationship was objected by his parents. It is due to this reason the applicant split-up relations and blocked phone number of the informant.

2 09 ABA 297.26.odt 5.

The learned counsel for the applicant has contended that even if the allegations made in the first information report are taken to be true, prima facie, it would not attract ingredients of the registered offences. He further submitted that the applicant had also disclosed his relationship with the informant to his parents, but it was objected by the family members.

6.

Per contra, the learned APP has opposed the application on the ground that the allegations made against the applicant are serious. He further prayed for time to file a reply.

7.

Considering the averments made in the first information report, more particularly, the fact that even the applicant had disclosed the relationship to the parents, but the relationship was objected by them and not by the present applicant, I am inclined to protect the liberty of the applicant till next date. Accordingly, the following order is passed :

O R D E R

(i) In the event of arrest, in connection with Crime No.0089/2026 registered with the Armori Police Station, DistrictGadchiroli for the offences punishable under Sections 69 and 318 of the Bharatiya Nyaya Sanhita, the applicant be released on ad-interim anticipatory bail upon furnishing a P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount.

(ii) The applicant shall attend the concerned Police Station on 22.04.2026, between 12.00 noon to 2.00 pm. (iii) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.

(iv) The applicant shall not leave India without prior permission of this court.

3 09 ABA 297.26.odt (v) Issue notice to the non-applicant, returnable on 4.5.2026.

(vi) The learned APP waives service of notice for the non-applicant and seeks time to file a reply. Stand over to 4.5.2026.

(RAJNISH R. VYAS, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 17/04/2026 19:32:43