Aditya S/O Digeshwar Dhait v. State Of Maharashtra Thr Pso., Armori Ps, Tah. Armori, Dist. Gadchiroli
2026:BHC-NAG:7206 1 11-aba 297.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 297 OF 2026 ( ADITYA S/O DIGESHWAR DHAIT VS STATE OF MAHARASHTRA THR PSO., ARMORI PS, TAH. ARMORI, DIST. GADCHIROLI ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions Court's or Judge's order and Registrar's orders.
Mr. S.A.Bramhe, Advocate for the applicant.
Mr. N.R.Rode, APP for respondent.
CORAM : RAJNISH R. VYAS, J.
ATE : MAY 08, 2026 1) Apprehending arrest the sole accused has approached this Court. The first information report was registered on 27/03/2026 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.
2) 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.
3) 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
2 11-aba 297.2026.doc 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. 4) Learned counsel for the applicant submitted that as directed by this Court vide its order dated 17/04/2026, he has attended the police station and has co-operated with the investigating agency. In brief, he submitted that the allegations made in the FIR would reveal that those were consensual. 5) Per contra, learned APP opposed the bail application and has contended that the offence is serious and custodial interrogation of the applicant is necessary for medical examination and collection of blood sample. The reply tendered by learned APP is taken on record and marked as 'X' for identification purpose.
6) With the help of respective counsel, I have gone through the record of the case. The informant is 21 years old and accused is 20 years old. It cannot be overlooked that there was initially a love affair between them and they have decided to marry. The applicant had disclosed their relationship with the parents, but ultimately parents objected. The question whether the applicant was having fraudulent intention from the initial stage or not, is a matter of trial. Suffice it to say that prima face case is made out by the applicant. The Investigating Officer can always collect the blood sample by summoning the applicant. Hence, following order is passed :-
ORDER
1. The application is allowed.
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2. In the event of arrest, in connection with Crime No.89/2026 registered with the Armori Police Station, District-Gadchiroli for the offences punishable under Sections 69 and 318 of the Bharatiya Nyaya Sanhita, 2023 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.
3. The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.
4. The applicant shall not leave India without prior permission of this Court.
( RAJNISH R. VYAS, J. ) Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 08/05/2026 16:13:24