Order 300926ba1223.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1223 OF 2026. Rishabh Balendra Tiwari -VERSUS- State of Maharashtra and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri B.H. Tekam, Advocate for the Applicant. Shri N.B. Jawade, A.P.P. for Non-applicant No.1/State. Shri S. Bhalerao, Advocate for Non-applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 30, 2026. Heard learned counsel for the parties. 2. The applicant came to be arrested in connection with Crime No.375/2026 registered with M.I.D.C. Police Station, Nagpur City for the offences punishable under Sections 64[2] [m], 308[2], 75[2], 77, 78[2], 79, 296, 115[2], 351[2], 351[3], 356[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 67A and 66E of the Information Technology Act. 3. The first information report came to be lodged by the victim alleging that she got acquainted with the applicant- Rgd. 2026:BHC-NAG:13132 Order 300926ba1223.26 2 accused through facebook and their friendship developed into love affair. It is alleged that the accused had forceful sexual intercourse without her consent and had videographed the said act. After which, the applicant started blackmailing the victim and extracted Rs.2.50 lakhs from her. At times he also sexually assaulted her. The applicant forwarded videos to the proposed groom of the victim, leading to her marriage being called off. He also allegedly forwarded the video to her family members and posted the same on his social media platforms. Hence, the report. 4. The learned Counsel for the applicant submits that the victim is 28 years of age and the applicant is of 30 years. There was love affair between both of them, and out of the same and with consent, they have indulged into sexual relationship. It is submitted that the parents of victim were not in favour of their relationship and therefore, he is falsely implicated in the crime. The learned Counsel further submits that since the victim is major and the relationship was consensual one, the sexual relations between them were also consensual, and in such circumstances, the offence alleging rape is not made out. He therefore, prayed for grant of bail. Rgd. Order 300926ba1223.26 3 5. On the other hand learned A.P.P. and learned Counsel appearing for the victim vehemently opposed the application by submitting that it is not merely a case of rape, but, thereafter, the applicant has extracted huge amount from the victim, and also started blackmailing her and from time to time committed sexual intercourse with her. They submit that this is not a case of consensual act, as by threat and coercion the victim was compelled by the applicant to indulge into such act. They submit that apart from the serious allegations of extracting money and committing forceful sexual intercourse, the applicant also circulated the objectionable photos and videos of the victim to her near relatives. The marriage of victim was fixed twice, however, the applicant forwarded/circulated her objectionable photos and videos to the proposed grooms, as a result of which the marriage was called off. The applicant had made the life of the victim miserable, therefore, they submit that considering the seriousness of the allegations against the applicant, he does not deserve to be granted bail. 6. I have considered the submissions canvassed by both the sides. It appear from the record that the victim is major, i.e. 28 years of age and the applicant is 30 years of age. It further Rgd. Order 300926ba1223.26 4 appears from the record that the applicant and victim got acquainted with each other on facebook, thereafter, their friendship developed into love relationship, and there were sexual relations between them. The victim has alleged that the applicant had mixed some drug in her cold drink and thereafter, when she felt drowsy, the applicant committed sexual intercourse with her. On further perusal it goes to show aggravated form of harassment by the applicant, as he has not only committed sexual intercourse with the victim on multiple occasions, but, by blackmailing her had also extracted money from the victim to the tune of Rs.2.5 lakhs, which could be gathered from the online transaction between them. Further when the marriage of the victim was fixed twice, the applicant forwarded the objectionable photos and videos to the other party i.e. groom, and got her marriage cancelled. Considering all these allegations and that there is sufficient material in the charge sheet to connect the applicant with the alleged crime, I am not inclined to grant him bail. Criminal Application is therefore, rejected. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 05/10/2026 12:21:25