1-ABA-3039-2024.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3039 OF 2024 Sheshanath Ishwarchand Gupta ...Applicant V/s. State of Maharashtra and Anr. ...Respondents Mr. Bharat Manghani a/w Ms. Drushti Gala, Mr. Durren Kaskar, Mr. Paresh Joshi, for the Applicant. Mr. Bapu V. Holambe Patil, APP for the Respondent – State. Mr. Manish Hajare, PSI, Borivali Police Station is present. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 30 th SEPTEMBER , 2026. P.C. :- 1. Heard the learned counsel for applicant as well as learned APP for respondent. 2. The applicant has filed the instant application seeking pre-arrest bail in connection with FIR No. 668 of 2024 registered with the Borivali Police Station for offence punishable under Section 376(2)(n) of Indian Penal Code. 3. The FIR came to be registered on the basis of a report lodged by the complainant alleging that from July/August 2019 till December 2023, the applicant had established sexual relations with 1/4 1-ABA-3039-2024.doc her on the pretext of a false promise of marriage. It is alleged that the complainant and the applicant were knowing each other being distinctly related and both had desired to get married and on the promise of the applicant that they would perform marriage, the complainant had consented for establishing physical relations. It is alleged that, however, in January 2024, the applicant refused to maintain any contact with the complainant and even the parents of the applicant refused to accept her as their daughter-in-law and in view of this, the complainant lodged the report against the applicant. 4. The learned counsel for applicant submits at the outset that the offence is registered against this applicant and his name is mentioned as Rohit Ishwar Gupta, since he is also known by name ‘Rohit’. He submits that although the offence is registered, there were consensual relations since 2019, as the complainant and applicant were having love affair and the applicant has genuinely desired, at the relevant time, to get married with the complainant. He therefore submits that the only because the relations turn sour, the allegations are made and the offence is registered. 5. He also submits that, considering merits of the matter, this court had already granted interim protection in favour of the applicant by order dated 13th June 2025 and thereafter the applicant has extended cooperation to the Investigating Agency and also appeared for his medical examination. He therefore submits that there is no 2/4 1-ABA-3039-2024.doc misuse of the liberty granted and therefore prays for confirmation of the interim protection. 6. As against this the learned APP for the respondent opposed the application and submitted that there are specific allegations in the FIR about false promise of the marriage by the applicant and considering the seriousness of the offence, the application is opposed. The learned APP also submits that the investigation in this matter is almost complete however, the charge-sheet is not filed in view of order passed by this court in a quashing petition filed by the applicant bearing C.R. No. 1837 of 2024. 7. On perusal of the FIR and the documents placed on record, it appears that the complainant and the applicant were knowing each other since they were distinctly related and were involved in a love affair. On the basis of the allegations in FIR, it appears that since July 2019 had engaged in consensual relations on several occasions. It appears that the complainant has voluntarily accompanied the applicant at several places and both of them had desired that they would get married. As such, it prima facie appears that the relations in between the applicant and the complainant were consensual and there is nothing to indicate that the applicant had established physical relations with the complainant without her consent. 8. Considering the nature of offence, it has to be noted that nothing is to be recovered from this applicant and his custodial 3/4 1-ABA-3039-2024.doc interrogation is not warranted. Further considering the fact that the applicant was granted interim protection which is not apparently misused, the same needs to be confirmed subject to certain condition. 9. Hence I pass the following order. : ORDER : (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in connection with FIR No. 668 of 2024 registered at the Borivali Police Station for offence punishable under Section 376 (2) (n) of Indian Penal Code, the Applicant may be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty Thousand only) with one solvent surety of the like amount. (iii) The applicant is directed to attend the Investigating Agency as and when called upon by the Investigating Agency. (iv) The applicant shall cooperate with the Investigating Agency during investigation and trial. 10. The Application is accordingly allowed and disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) 4/4