910-aba1988-26.doc vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1988 OF 2026 Ajay Lallan Yadav ...Applicant V/s. State of Maharashtra & Anr. ...Respondents Mr.Vipin Peethambaran with Mr.Praneetkumar Mhaske for the Applicant. Mr.Prasanna P. Malshe, APP for the Respondent – State. Ms.Ankita Rathod i/b S.K. Legal Associates LLP for Respondent No.2. Ms.Shubhangi Morey, API, Versova Police Station, Mumbai is present in Court. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 9TH OCTOBER , 2026. P.C. :- 1. Heard learned counsel for applicant, learned APP for respondent-state and learned counsel for respondent no.2 2. The applicant is apprehending arrest in Crime No. 553 of 2026 dated 21.05.2026, registered with Versova Police Station, Brihanmumbai, for the offence punishable under Sections 69 1/5 VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2026.10.13 19:54:09 +0530 910-aba1988-26.doc and 316(2) of the Bharatiya Nyaya Sanhita, 2026 (for short, "BNS"). 3. It is alleged in the FIR that the applicant had engaged in physical relations with the complainant under alleged false promise of marriage. Furthermore, there are allegations of cheating, asserting that a certain amount of money was transferred to the applicant's account by the complainant and was never returned by the applicant. On the basis of these allegations, FIR is registered against the applicant. 4. Learned counsel for applicant submits that the allegations about the offence of rape are without any basis, since the complainant who is a lady, aged 37 years, had resided together with the applicant in one room for a period of about two years. Further, he submits, the allegations about false promise of marriage are also unsustainable since both of them were aware of the fact that they were already married. He submits that the allegations about cheating are introduced on account of certain disputes amongst them and the applicant has already transferred an amount of 6,97,888/- to the account of complainant. Learned counsel for applicant also states that there are no criminal antecedents and the instant offence is on account of certain 2/5 910-aba1988-26.doc personal disputes in between the applicant and complainant. He further submits that the applicant has extended cooperation by disclosing all his financial transactions to the investigating agency as directed by this court by interim order dated 28.07.2026 and therefore prays for confirmation of the interim protection. 5. Learned APP for respondent- state and learned counsel for respondent no.2 submit that the offence registered against this applicant is serious in nature and thus prayed for rejection of the instant application. It is submitted that the applicant has taken disadvantage of the complainant and has induced her to establish relations on the promise of marriage, with respect to which there is sufficient evidence. Learned APP however, does not dispute the contention that the applicant has attended the police station in accordance with the impugned order and further that an amount of 6,97,888/- is transferred to the account of complainant. 6. Perused the FIR and documents placed on record. It has to be noted that the allegations about false promise of marriage are levelled by the informant despite the fact that both of them were aware that they were already married and it appears that 3/5 910-aba1988-26.doc the allegations about cheating are introduced on account of certain disputes amongst them. It has to be noted that the applicant has already transferred an amount of 6,97,888/- to the account of complainant. Crucial to note, the complainant has not raised any grievance during the period of two years when they were living in one room either about forcefully establishing relations or about false promise of marriage. The allegations about offence prima-facie appears to have been made on account of certain other financial dispute. Furthermore considering the fact that the applicant has no criminal antecedents and he has fully cooperated with the investigation by attending the police station and supplying all demanded documents, the custodial interrogation of the applicant is not warranted. Hence, the interim protection needs to be confirmed. 7. In view of the above, the interim protection granted by the order dated 28th July, 2026 is confirmed, subject to certain conditions. 8. Hence, I pass the following order: : ORDER: (i) Anticipatory Bail Application is allowed. 4/5 910-aba1988-26.doc (ii) In the event of arrest of the applicant in Crime No. 553 of 2026 dated 21.05.2026, registered with Versova Police Station, Brihanmumbai, for the offence punishable under Sections 69 and 316(2) of the Bharatiya Nyaya Sanhita, 2026 (for short, "BNS"), he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount. (iii) The applicant is directed to attend the police station as and when called upon by the investigating agency. (iv) The applicant shall extend co-operation during investigation and trial and shall not influence the prosecution witnesses in any manner. 9. The anticipatory bail application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 5/5