1-ABA-1528-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1528 OF 2026 Mr. Aniket Arun Parihar …Applicant Versus The State of Maharashtra …Respondent Adv. Milan Desai, for the Applicant. Mr. Ashok S. Gawai, A.P. P., for the Respondent – State. PSI – Kisanrao Ghadge, Gorai Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 28TH SEPTEMBER 2026 PC:- 1. Heard learned counsel for applicant as well as learned APP for respondent – State. 2. The applicant has filed the instant application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeking pre-arrest bail in Crime No. 93 of 2026 dated 06.05.2026, registered with Gorai Police Station, Brihanmumbai, for the offence punishable under Sections 115(2), 352 and 69 of Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 28th September 2026 1-ABA-1528-2026.ODT 3. The FIR came to be registered on the basis of report lodged by complainant alleging that from 16th February 2023 till 11th April 2026, the applicant had engaged into sexual intercourse with her by making false promise of marriage. She had alleged that the accused has promised her about marriage and on that pretext, he has repeatedly engaged into establishing physical relations and in view of his refusal to perform marriage, the offence came to be registered. 4. Learned counsel for applicant states that according to the allegations made in the complaint, the applicant and victim were having consensual relations since 2023 and they were in live-in relationship since last few years. He submits that the offence is registered only because of certain disputes which occurred on account of applicant failing to get A.C. repaired at their house and there is nothing to indicate the offence of rape by the applicant. He also states that in accordance with the interim protection granted to this applicant by order dated 24th June 2026 he has extended co-operation during investigation. He also submitted that the charge-sheet is already filed and the 28th September 2026 1-ABA-1528-2026.ODT applicant has no criminal antecedents and therefore, prays for confirmation of the interim protection. 5. The learned APP for respondent – State opposed the application by stating that there are specific allegations in the First Information Report showing commission of offence. It is submitted that since investigation is not yet completed, custodial interrogation of this applicant is necessary for investigation. 6. Perused the FIR and documents filed on record. The allegations in the FIR are about establishing relations on account of false promise to marry. However, in view of the fact that the complainant and applicant were undisputedly living in live-in-relationship, the same was prima facie, consensual in nature. Pertinent to note, the complainant has not raised any grievance for two years. It is crucial to note that considering the nature of offence, this court has earlier granted interim protection to this applicant by order dated 24th June 2026 and there is nothing to show that this applicant has misused the liberty. Further, there are no criminal antecedents against this applicant and there is nothing to show that he would flee away. 28th September 2026 1-ABA-1528-2026.ODT Considering the fact that chargesheet has been filed and the applicant has attended the police station in accordance with interim protection granted by this Court, same needs to be confirmed. 7. In view of the above, the interim protection granted by order dated 24th June 2026 is confirmed subject to the condition that the applicant shall extend cooperation during investigation and trial and shall attend the investigating agency as and when called upon. 8. Accordingly, the Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 28th September 2026