910-ABA-1594-2023 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1594 OF 2023 Amar Appaso Suryawanshi …...Applicant Versus. State of Maharashtra & Anr. …...Respondents ----- Mr. Umesh R. Mankapure a/w. Benazir Jamadar a/w. Siyal Magdum for Applicant. Mr. S.S. Chaudhari, A.P.P. for the Respondent No.1. Ms. Sanika P. Deshmukh, Appointed Advocate, for the Respondent No.2. (Appointed under Legal Aid vide order date 29/09/2026) . ------- Coram : ASHWIN D. BHOBE, J. Date : 30th September 2026. PER COURT : 1. Heard, Mr. Umesh R. Mankapure, learned Advocate for the Applicant, Mr. Chaudhari, learned A.P.P. for the Respondent No.1-State and Ms. Sanika Deshmukh, learned Advocate for the Respondent No.2. 2. On 6th June 2023, the following order was passed : “1. This is an application under Section 438 of the Criminal Procedure Code, 1973 in connection with C.R. No.87 of 2023 registered with Atpadi Police Station, District Sangli for offences punishable under osk 1 of 5 910-ABA-1594-2023 (CR).docx Sections 376(2) (n), 506 read with 34 the Indian Penal Code, 18660 and Sections 3 and 25 of the Arms Act, 1959. 2. The case of the prosecution is that after the death of grandmother of the victim in 2022, the applicant frequently visited her. He being distant relative, they established contact through cell phone. One year prior the the registration of the first information report, the applicant and victim went to Mahabaleshwar and stayed at a hotel. The victim refused to have sexual intercourse with the applicant as there was no marriage. Two months before the registration of the first information report, the applicant had forcible sexual intercourse with the applicant under the threat of a pistol, but thereafter there were continuous sexual intercourse with the victim. According to the prosecution, under the threat of committing suicide by writing her name in the suicide note, she was forced to perform sexual intercourse with the applicant. Thereafter, in the month of May 2022 the applicant forced himself on the victim for sexual intercourse under the threat of pistol. It is also alleged that the applicant had nude video and photographs of the victim which was sent to the relatives of the victim. Ultimately, on refusal to perform marriage, she registered first information report against the applicant. 3. The application under Section 438 filed before the learned Sessions Judge, Sangli has been rejected. Aggrieved thereby, the applicant has filed present anticipatory bail application. 4. Learned advocate for the applicant invited my attention to the first information report bearing No.79 of 2023 registered on 8 March 2023 against the victim alleging that she promised to perform marriage with the applicant. In furtherance of their relationship, the victim accepted valuable goods and amounts from the osk 2 of 5 910-ABA-1594-2023 (CR).docx applicant and refused to return them. She also refused to perform marriage. 5. Learned APP states that the investigating officer is not present and she seeks time to take instructions. 6. On perusal of the first information report lodged by the applicant and on consideration of the allegations in the first information report lodged by the victim, it appears that there are multiple incidents of sexual intercourse. At this stage, if the report of the victim is considered in the light of report lodged by the applicant one week prior to the victim's report, it appears that subject to further investigation, the applicant has made out a case for grant of interim protection. Hence, following order: a) In the event of arrest of the applicant in connection with C.R. No.87 of 2023 registered with Atpadi Police Station, District Sangli for offences punishable under Sections 376(2)(n), 506 read with 34 the Indian Penal Code, 1860 and Sections 3 and 25 of the Arms Act, 1959, the applicant shall be released on bail on furnishing P.R. Bond in the amount of Rs.25,000/- along with one or two sureties in the like amount; b) The applicant shall remain present before the concerned investigating officer on 12, 14 and 16 June 2023 between 11.00 a.m. to 1.00 p.m. and thereafter as and when called by the investigating officer; c) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; osk 3 of 5 910-ABA-1594-2023 (CR).docx 7. The applicant shall be at liberty to apply for pre-arrest before the learned Sessions Judge, Sangli for offences punishable under Section 66(e) of the Information and Technology Act, 2005, which application shall be decided by the learned Sessions Judge on its own merits uninfluenced by the observations made in this order. 8. Issue notice to the respondent no.2, returnable on 3 July 2023. 9. The respondent no.1 shall endeavour to serve a copy of the present anticipatory bail application on the respondent no.2 before the returnable date.” 3. Mr. Umesh Mankapure, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer and has cooperated with the investigation in Crime No. 87 of 2023. Upon completion of the investigation, the Police have filed the charge-sheet before the Sessions Court, Vita, District Sangli, which is registered as Sessions Case No. 453 of 2024. He further submits that charges have been framed in Sessions Case No. 453 of 2024 and that the matter is now posted for trial. He further submits that the Applicant regularly appears before the Sessions Court, Vita. 4. Mr. S. S. Chaudhari, learned A.P.P. for Respondent No. 1-State, on instructions from the Investigating Officer, states that the Applicant has appeared and cooperated with the investigation in Crime No. 87 of 2023. He further submits that the investigation is complete and that the matter is now before the Sessions Court at Vita for trial in Sessions Case No. 453 of 2024. osk 4 of 5 910-ABA-1594-2023 (CR).docx 5. Ms. Sanika Deshmukh, learned Advocate for Respondent No.2, submits that the allegations in the F.I.R. indicate that the relationship between the Applicant and Respondent No.2 was not consensual. She therefore submits that custodial interrogation of the Applicant is required. 6. Considering the statements made by Mr. Umesh Mankapure, learned Advocate for the Applicant and Mr. Chaudhari, learned A.P.P. for the Respondent No.1-State, that the Applicant has cooperated in the investigation of Crime No.87 of 2023 and Sessions Case No. 453 of 2024 is now pending before the Sessions Court, at Vita, for trial, further the Applicant has been on ad-interim bail since June 2023, with no allegation that the Applicant has committed any breach of the bail conditions, the order dated 6th June 2023 is confirmed and made absolute in terms of paragraph 6(a) and (c) thereof. 7. Advocate Ms. Sanika Deshmukh, appointed under the Legal Aid Scheme, has appeared in this Application as Advocate for Respondent No. 2. Accordingly, the Bombay High Court Legal Services Committee, Kolhapur Circuit Bench, shall quantify and pay the fees of Advocate Ms. Sanika Deshmukh as per the Legal Aid Scheme. 8. The Anticipatory Bail Application No.1594 of 2023 is disposed. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.10.01 10:40:44 +0530