1 28-Cr.ABA-816-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 816 OF 2026 Sandip S/o Uttam Mankar -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. R.R. Gautam, Advocate for the Applicant. Mr. H.D. Marathe, A.P.P. for the Non-applicant No.1/State. Mr. G.G. Saoji, Advocate for the Non-applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 24, 2026. Heard. 2. Apprehending arrest, the accused has approached this Court in connection with Crime No.469/2026 for the offences punishable under Sections 123, 296, 304, 309, 318, 351(2), 352 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Ramtek, District Nagpur (Rural). 3. The informant states that she came in contact with the accused in August, 2025, in connection with purchase of a property. It is alleged that thereafter, the accused took her to a hotel on the pretext of showing her a property and thereafter threatened her by stating that he was in possession of her Piyush Mahajan 2026:BHC-NAG:12684 2 28-Cr.ABA-816-2026 photographs and videos. It is also alleged that he committed rape on her. On the promise of marriage, the accused obtained an amount of Rs.10,00,000/- from her. After the informant came to know that the accused was already married, he started abusing and threatening her. On 14/05/2026, when she demanded the property documents and return of her money, the accused allegedly assaulted her. Thereafter, his associates allegedly threatened her and took away her bag containing cash, mobile phones and a gold ring. Based on these allegations, the First Information Report came to be registered. 4. The learned counsel for the applicant submits that being the friend of the main accused, namely, Ravi, the applicant has been implicated in the crime by the victim. Even after taking the allegations as it is, the only role attributed to the present applicant is that he came on the spot along with the other accused, namely, Manoj and Gopal, in a Scorpio and at that time, the main accused Ravi allegedly tried to strangulate the neck of the informant and abused her in filthy language. It is further alleged that the applicant opened the door and caught hold of the hand of the victim and further persuaded to catch the victim as she was running from the spot. It is even alleged that the victim assaulted the applicant. The present applicant has snatched the bag containing Rs.50,000/- cash and Vivo and Samsung mobiles, and the applicant has also snatched a 5-gram gold ring from her finger. Piyush Mahajan 3 28-Cr.ABA-816-2026 Though the victim has stated in the F.I.R. that she went to the Police Station on 14/05/2026 at about 09:30 p.m., however, the F.I.R. goes to show that for the first time, the information was given on 17/05/2026 at about 09:15 p.m. Under such circumstances, the entire story narrated by the victim is under the cloud of doubt. In fact, there is no explanation either from the Investigating Agency or from the applicant as to why the F.I.R. was registered three days after the said incident. He further submits that in the first part of the F.I.R., all the allegations are against the accused Ravi, and there is no whisper about any allegation against the present applicant, however, in the second part, allegations have been made against the applicant. Under such circumstances, he submits that, considering the nature of allegations, the applicant deserves to be granted anticipatory bail. 5. On the other hand, the learned A.P.P. and the learned counsel appearing for the victim vehemently oppose the application and submit that the allegations are serious in nature. They submit that the present applicant has played a major role in the incident dated 14/05/2026. The location of the present applicant was found at Ring Road, Dabha Square Katol Road, Octroi Naka, Nagpur. They further submit that they have also recorded the statement of one witness, wherein he has supported the fact that the victim had taken his mobile phone and called her mother at the relevant time. Under such Piyush Mahajan 4 28-Cr.ABA-816-2026 circumstances, they submit that when the investigation is in progress and there are serious allegations in the First Information Report, the applicant does not deserve to be granted bail. The learned A.P.P. further submits that one criminal case is also pending against the applicant for the offences punishable under Sections 296, 351(7), 125 and 3(5) of the BNS. 6. I have considered the submissions of both the sides. After perusal of the F.I.R. and the annexures annexed along with the charge-sheet, prima facie, it appears that, so far as the main allegations of sexual intercourse and blackmailing are concerned, the allegations are against accused Ravi. So far as the sole incident which was narrated against the applicant is concerned, it was dated 14/05/2026, wherein it is alleged that the said Ravi had called the informant at a place and from there they went to the Solid Tandoori Hotel for the purpose of taking meal and when the informant insisted on the return of the money which she had paid to accused Ravi, at that time, the said Ravi abused the informant as well as assaulted her. It further appears that at that time, the applicant and other co- accused came in Scorpio Car and the present applicant tried to catch hold of the hand of the informant. The applicant has also snatched the bag wherein Rs.50,000/- cash was kept inside the bag. Further, one Vivo as well as Samsung mobile phone was also snatched by the applicant. Though, prima facie, it appears Piyush Mahajan 5 28-Cr.ABA-816-2026 that there are some allegations against the applicant, however, upon perusal of the further part, it appears that it is alleged that the applicant went to the Police Station on the same day, however, the Police did not register the case. It is very difficult to believe this fact. In fact, it appears that the F.I.R. was registered on 17/05/2026 at about 21:46 hours, whereas in the F.I.R. itself, in clause No. 3(b), it is stated that the information was received at the P.S. on 17/05/2026 at about 21:15 hours. In fact, there is a delay of three days, and there is no explanation for the said delay. It is further to be noted that even if the allegations are taken as it is, in my opinion, the allegations appear to be exaggerated. Under such circumstances, I am inclined to grant anticipatory bail to the present applicant. Hence, the following order: O R D E R i) In the event of arrest of applicant (Sandip S/o Uttam Mankar) in connection with Crime No.469/2026 for the offences punishable under Sections 123, 296, 304, 309, 318, 351(2), 352 and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Ramtek, District Nagpur (Rural), be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount; Piyush Mahajan 6 28-Cr.ABA-816-2026 ii) The applicant shall attend the concerned Police Station on Sunday between 11.00 a.m. to 02.00 p.m. of every month or as and when called by the Investigating Officer and shall cooperate with the Investigating Agency; iii) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses. iv) Pending Misc. Application(s), if any, also stand disposed of; (v) The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 24/09/2026 17:09:35