1 11. ABA 773 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.773 OF 2026 CHETAN MANOHAR VAIDYA VERSUS THE STATE OF MAHARASHTRA THR PSO., PS DESAIGANJ, DIST. GADCHIROLI AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. T.A. Agre, Advocate for Applicant. Mr. N.B. Jawade, APP for Non-Applicant No.1-State. Ms. K.S. Pathe, Advocate (Appointed) for Non-Applicant No.2. CORAM : M.M. NERLIKAR, J. DATED : 30th SEPTEMBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned Counsel for non-applicant No.2 as well as learned APP for the State. 2. Apprehending arrest, the applicant has approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, in connection with Crime No.452 of 2026, registered with Police Station Desaiganj, Dist. Gadchiroli, for the offences punishable under Sections 69, 115(2), 296 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned Counsel for the applicant submits that the victim was an instructor in ‘Bank of India RSETIs, a project run by Bank of 2026:BHC-NAG:13090 2 11. ABA 773 of 2026.odt India, providing skill development training to rural unemployed youth. She submits that, it is alleged in the FIR that the applicant and the victim came into contact in the year 2020 and developed a friendship that eventually turned into a relationship. She submits that it is further alleged that, initially, the applicant started physical contact with the victim and later on, under the false pretext of marriage, he established physical relationship with her from the year 2021 to 2026. However, on 13.06.2026, when the victim went to the house of the applicant, he abused her in filthy language and threatened to kill her. Therefore, she lodged the FIR against the applicant that he sexually exploited her on the false pretext of marriage and later on refused to marry her. Learned Counsel for the applicant submits that the victim is a consenting party and no such promise was made by the applicant, since if such was the case that the promise of marriage was made, she would not have stayed silent for more than five years. Under such circumstances, the applicant deserves to be granted bail. 4. On the other hand, learned APP and learned Counsel appearing for the victim opposed the application and submitted that the legislature has carved out Section 69 of BNS with a specific intention of curbing the activities like the present case. They submit that the applicant under the false pretext of marriage established physical relations with the victim. They submit that the applicant has 3 11. ABA 773 of 2026.odt taken undue advantage of being on the higher position than the victim. Under such circumstances, the application does not deserve consideration. 5. Upon consideration of the submissions of both the sides, prima facie, it appears that the applicant and the victim came into contact in the year 2020 and developed a friendship that eventually turned into a physical relationship. So far as the allegations are concerned that, under the false pretext of marriage, the applicant committed repeated sexual intercourse with the victim, it is to be noted that at no point of time i.e. from the year 2021 till 2026, the victim has made any hue or cry about the applicant not getting married to her. Silence on her part for five year speaks for itself and under such circumstances, I am of the considered opinion that the applicant has made out a prima facie case for grant of anticipatory bail and since this Court has granted interim protection to the applicant vide order dated 29.08.2026, same is hereby confirmed. Hence, following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The interim order dated 29.08.2026, is hereby confirmed on the same terms and conditions except 4 11. ABA 773 of 2026.odt condition No.(III). However, the applicant shall attend the concerned Police Station on 2nd and 4th Sunday of every month in between 11.00 a.m. to 02.00 p.m. iii) Pending applications, if any, stand disposed of. 6. 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 7. Fees of the appointed Counsel be quantified as per Rules by the High Court Legal Services Sub Committee, Nagpur. (M.M. NERLIKAR, J.) asd