BA-1376-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1376 OF 2026 Mayur s/o Kailas Nikalje … Applicant Versus The State of Maharashtra, Through Investigating Officer, Cantonment Police Station, Aurangabad. … Respondent ….. Mr. N.S.Ghanekar, Advocate for the Applicant. Mr. K.K.Naik, APP for Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 30-07-2026 Pronounced on : 31-07-2026 ORDER :- 1. Applicant seeks grant of regular bail on account of his arrest in Crime No.266 of 2026, registered at Cantonment Chhawani Police Station, District Chhatrapati Sambhajinagar, for offences punishable under Section 69 of the Bharatiya Nyaya Sanhita (BNS). 2. It is pointed out that, applicant is arrested in above crime on 24-06-2026. That, there is false implication. That, there was no promise of marriage as alleged. That, whatever relations developed 2026:BHC-AUG:32267 BA-1376-2026 -2- were consensual. That, informant is major. Moreover, applicant is in Armed Forces and there is no possibility of misuse of liberty, rather he would co-operate with investigating machinery, as and when called. For above reasons, bail is urged for. 3. Learned APP opposed bail on the ground that, on false promise of marriage, there is exploitation. That, accused retracted from the promise. That, investigation is still in progress. 4. Heard. Perused the FIR dated 24-06-2026. Informant victim, who gave her age as 23 years, claims that, she got acquainted with applicant in the marriage of her maternal uncle, and thereafter, he started calling her on mobile. She reported that, there were talks since 2024 and their friendship grew into love. She claims that, in September 2025, when applicant came on leave, he took her to a hotel and there, insisted her for physical relations. She claims that, she refused, but then he informed her that he is going to marry her. She claims that, in spite of her refusal, there were consensual sexual relations. She further reported that, whenever he came on leave, there were physical relations between them. That, on 16-06-2026, applicant informed her that, at the instance of his family members, his engagement is performed and that he cannot marry her and left her. BA-1376-2026 -3- She claims that, thereafter, she consumed poison and was admitted in the hospital and hence, the above report. But even above report is after nine days or so after learning about applicant resiling from marriage. Prima facie victim informant is major and she herself has stated that, there were consensual sexual relations with applicant. Taking the same into consideration, further investigation can be carried out by securing applicant’s presence. In view of above discussion, relief as prayed deserves to be granted. Accordingly, following order is passed: ORDER I. The application is allowed. II. Applicant - Mayur s/o Kailas Nikalje, be released on bail in connection with Crime No.266 of 2026 registered at Cantonment (Chhawani) Police Station, District Chhatrapati Sambhajinagar, on executing Personal Bond of Rs.15,000/- with one surety in the like amount, on the following conditions : [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. BA-1376-2026 -4- [c] The applicant shall attend the concerned Police Station twice in every week i.e. on every Monday and Saturday and maintain personal diary of his attendance till committal of case and thereafter, shall regularly attend each and every effective date before the trial court. III. The Bail Application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] SPT