18-ABA-1908-2026 Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1908 OF 2026 Nizamuddin Sahmshuddin Ansari ...Applicant V/s. The State Of Maharashtra And Anr. ...Respondents _____________________________________________________________ Adv. Sharan Bhagat, for the Applicant. Adv. Ashok S. Gawai, APP for the Respondent – State. Adv. Rupli Akolkar, for the Respondent No.2 PSI – Mr. Sham Atpalkar, Ulhasnagar Police Station is present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 31ST AUGUST, 2026. P.C. :- 1. Heard learned Advocate Sharan Bhagat, for the applicant as well as Advocate Ashok S. Gawai, learned APP, for the respondent and Respondent No.2. 2. The applicant has filed the instant application seeking pre- arrest bail in Crime No. 255 of 2026 dated 03.06.2026, registered with Ulhasnagar Police Station, Thane (City) for the offence punishable under Sections 64(2)(m), 69, 115(2) and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023. 1/5 18-ABA-1908-2026 3. The First Information Report is registered on the basis of a report lodged by the complainant alleging that since July, 2021, the accused has established sexual relations with her on false promise of marriage and has therefore committed the alleged offences. 4. Learned counsel for the applicant submitted that the complainant is a married lady with four children and had engaged in consensual relations with this applicant. He submitted that this applicant is also a married person and there was no question of any promise of marriage. He submitted that the parties had executed a document of live- in-relationship and as such the allegations about rape are without any basis. He also submitted that in fact this applicant has lodged several reports against the complainant by pointing out her blackmailing tactics and has pointed out her similar complaints against other persons. He also submitted that considering the nature of allegations, this applicant has already extended cooperation and in accordance with interim protection order dated 21st July, 2026 has attended the police station. He therefore prayed for confirmation of interim protection. 5. As against this, learned APP as well as learned counsel for the respondent no.2 made submissions and opposed the application. They submitted that the offence is serious in nature and custody of the applicant is required for his medical examination, the offence being a sexual offence. Learned counsel for the complainant has submitted that the 2/5 18-ABA-1908-2026 applicant has repeatedly pressurized her to withdraw the complaint and in this regard non-congnizable offences have been registered against the applicant on 27th July, 2026 and 29th July, 2026. In view of this, the application for anticipatory bail is opposed. 6. Perused the FIR and the documents placed on record. It has to be noted that the complainant has made allegations about forceful sexual relations since July, 2021. The offence is registered in 2026 with respect to the alleged incidences of July, 2021. On perusal of the allegations in the report it becomes clear that the complainant as well as the applicant were already married and since the complainant has never raised any grievance, the relations appear to be consensual in nature. It has also to be noted that charge-sheet is already filed and considering the nature of offence there is no question of any recovery from this applicant. The applicant can be directed to present himself for medical examination. 7. As regards the allegations about pressure to withdraw the report, it has to be noted that the complainant has not filed any complaint during the period of five years when there were consensual relations in between the parties. The allegations about exerting pressure upon the complainant can be taken care of by directing the applicant to stay away from the place of the residence of the complainant. 8. Considering the nature of allegations and the fact that the 3/5 18-ABA-1908-2026 complainant and applicant where in consensual relations for more than five years and further considering the fact that the charge-sheet is already filed, the interim protection granted by this Court needs to be confirmed, subject to certain conditions. 14. Hence, I pass following order : : ORDER : (i) The anticipatory bail application is allowed. (ii) In the event of arrest of the applicant in Crime No. 255 of 2026 dated 03.06.2026, registered with Ulhasnagar Police Station, Thane (City) for the offence punishable under Sections 64(2)(m), 69, 115(2) and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. (iii) The applicant shall not enter the jurisdiction in which the complainant is residing, without intimation to the Investigating Officer. 4/5 18-ABA-1908-2026 (iv) The applicant shall not contact or pressurize any of the prosecution witnesses. (v) The applicant shall present himself for medical examination as and when called upon by the Investigating Agency. 16. The anticipatory bail application is allowed in above terms. (PRAFULLA S. KHUBALKAR, J.) 5/5