1 921 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 BAIL APPLICATION NO. 813 OF 2025 ABHISHEK NAMDEV RATHOD VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicant : Mr. Salunke Mayur Vasant APP for Respondent/Staet: Mr. N. D. Batule Advocate for Respondent No.2 : Mr. Pathan Sartaj Khan H. & Mr. Choudhari Avinash Vishnurao ... CORAM : ARUN R. PEDNEKER, J. DATE : 11.07.2025 P.C. : 1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for respondent no.2. 2] The applicant is seeking bail as he was arrested on 03.02.2025 in connection with Crime No.0053/2025, dated 30.01.2025, registered with Jintur Police Station, District Parbhani, for the offences punishable under Sections 64(1), 64(2)(m), 75(1)(i), 75(1)(ii), 77, 78(1)(i), 79, 126(2), 127(1), 351(2), 308(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3] In the FIR registered by the informant against 2025:BHC-AUG:18018 2 921 the applicant it is stated that between the period of 30.12.2024 to 30.01.2025 the applicant had forcible sexual intercourse with the informant at various places and that the applicant has issued threat to the victim on the basis of the photographs taken by him of the victim while she was taking bath. It is stated that the applicant has threatened the victim on the basis of the photographs taken by him while she was taking bath and to make them viral on facebook and instagram and maintained physical relations. It is also stated that the applicant has also demanded money of Rs.10,00,000/- and also gold ornaments for the purpose of deleting the photographs. It is also stated that the ornaments were given to the applicant. 4] In the FIR it is stated that the informant has travelled with the applicant to Akola, Mumbai, Parbhani, Hingoli, Pune. It is stated that she has visited her aunts place at Mumbai, where she was informed that her husband has filed missing complaint. It is stated that the applicant and the victim has stayed in the lodge. Again it is stated that they moved at various places by train. All along threat being given that the photographs would be made viral, the informant had accompanied the applicant. It is also stated that on 13.01.2025 she went to the Jintur police station and informed the police that she has gone out on her own. 3 921 5] The learned counsel for the applicant submits that perusal of the complaint itself would indicate that the victim has travelled with the applicant on her own and there were relations and, so also, her husband has filed a missing complaint. The family was fully aware that the victim has relations with the applicant and has left the house with the applicant on her own. He also submits that the applicant is arrested on 03.02.2025 and his mobile phone is also seized. However, no incriminating material is found in the mobile. Considering the same, he submits that the applicant may be granted bail. 6] Per contra, the learned counsel appearing for the victim, so also, the learned APP submits that the applicant had taken photographs of the victim, while she was taking bath and that the applicant has misutilized the photos for the purpose of seeking sexual pleasure and, also, extorting money from the informant. It is also stated that the applicant has deleted the photos and the mobile is sent for forensic. The learned counsel for the victim further submits that the money was not paid to the applicant however gold ornaments were given. However, there is no recovery made from the applicant as regards the gold ornaments. 7] Considering the above and that the 4 921 investigation is complete, charge-sheet is filed in the matter and that the applicant is in jail from 03.02.2025, and the possibility of the victim having gone with the applicant on her own cannot be ruled out. Considering the same the applicant can be granted bail. 8] In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No.0053/2025, dated 30.01.2025, registered with Jintur Police Station, District Parbhani, for the offences punishable under Sections 64(1), 64(2)(m), 75(1)(i), 75(1)(ii), 77, 78(1)(i), 79, 126(2), 127(1), 351(2), 308(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant shall not enter the village Jamb (Khurd), Taluka Jintoor, District Parbhani, during pendency of the trial. c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. e] The applicant shall not tamper with the 5 921 evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case. f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 9] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 10] It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove. 11] The application stands disposed of. [ARUN R. PEDNEKER] JUDGE marathe