Extracted from the PDF above. The PDF is authoritative.
946-APEAL-181-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 181 OF 2026 Xyz VERSUS The State Of Maharashtra And Another ... Mr. S. N. Dudhate, Advocate for Appellant Mr. A. V. Lavate, APP for Respondents Mr. H. S. Gavit, Advocate for Respondent No.2 (VC)
CORAM : R.M. JOSHI, J DATE : JULY 17, 2026 P. C. :
1. This Appeal filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act takes exception to order dated 12.02.2026 passed in Bail Application No. 32/2026 whereby the contesting Respondent was granted pre-arrest bail in connection with Crime No. 66/2026.
2.
Learned Counsel for the Appellant submits that the first information report and more particularly, allegations against Respondent indicates that offene under the provisions of Atrocities Act so also offence of commission of offence of rape on the false promise of marriage is prima facie apparent. It is his submission that documents collected during the investigation also indicate so. He, therefore, seeks cancellation of pre arrest bail granted to contesting Respondent. 2026:BHC-AUG:28986
946-APEAL-181-2026.odt
3.
Learned Counsel for contesting Respondent supported the impugned order.
4. Prima facie perusal of the FIR indicates that the informant is an adult lady. The document placed on record shows that even in the month of December, 2025, an application was filed jointly by the Appellant and Respondent No. 2 accused for registered marriage. The said filing of application clearly indicates that there is no prima facie substance in the allegations of informant that physical relations were established on account of false promise of marriage. Learned Special Judge in paragraph 11 of the impugned order has rightly taken into consideration the material on record and has held that no prima facie offence is seems to have been made out against contesting Respondent. This Court, therefore, finds no reason to cause interference in the impugned order.
5. In view of above, Appeal stands dismissed.
(R. M. JOSHI, J.) Malani