Atmaling Narsingh Badure v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 626 OF 2026 Atmaling Narsingh Badure ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Pavan Ghatkar, Advocate for the Applicant. Mr. V. N. Sagare, APP for the Respondent/State. PI. D. B. Kale, D.N. Nagar Police Station.

CORAM

:

N.R. BORKAR, J.

DATE :

11.03.2026.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending his arrest in Crime No. 67 of 2026 registered at D. N. Nagar Police Station, for the offences punishable under Sections 351(2), 64(2)(m) & 69 of the Bharatiya Nyaya Sanhita, 2023.

3.

It is the case of the prosecution that the applicant, by taking benefit of strained relations between the prosecutrix and her husband, subjected her to physical relations on the pretext 1/3

that he would marry her and give her good life. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

5.

The learned counsel for the applicant submits that the alleged relationship between the prosecutrix and the applicant was consensual and there was no promise of marriage as alleged. It is submitted that with ulterior motive false allegations are made 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. 6.

On the other hand, the learned APP for the respondentState submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

I have perused the First Information Report. Prima-facie, the alleged relationship between the applicant and the prosecutrix appears to be consensual. Considering the overall facts and circumstances, I am inclined to release the applicant on 2/3

anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 67 of 2026 registered at D. N. Nagar Police Station, for the offences punishable under Sections 351(2), 64(2)(m) & 69 of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

c) The applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

d) Except to attend the concerned police station if called for the purpose of investigation, till the conclusion of the trial, the applicant shall not enter into the jurisdiction of D.N.Nagar Police Station. [N.R.BORKAR, J.] 3/3