1 31. BA 1182 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1182 OF 2026 SARDAR KHAN SATTAR KHAN VERSUS STATE OF MAHARASHTRA THR PSO., PS TELHARA, TQ. TELHARA, DIST. AKOLA AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V. Sirpurkar, Advocate for Applicant. Mr. A.M. Kadukar, APP for Non-Applicant No.1-State. Ms. V.S. Dawda, Advocate (Appointed) for Non-Applicant No.2 CORAM : M.M. NERLIKAR, J. DATED : 13th OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned APP for the State as well as learned Counsel for non-applicant No.2/victim. 2. By this application, the applicant is seeking bail in connection with Zero FIR No.02 of 2026, registered with Police Station Shegaon, Dist. Buldhana, which was later registered as Crime No.190 of 2026, registered with Police Station Telhara, Dist. Akola, for the offences punishable under Sections 115(2), 64(2)(m), 69, 77, 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2026:BHC-NAG:13772 2 31. BA 1182 of 2026.odt 3. In the FIR, it is alleged that the applicant, under the false pretext of marriage, has repeatedly committed sexual intercourse with the victim. It is also alleged that the applicant asked the victim to have sexual intercourse with his friend, however, she denied. Even then the said friend has also committed forceful sexual intercourse with her. Hence, the FIR. 4. Learned Counsel for the applicant submits that the allegations against the applicant are that under the false promise of marriage, the applicant has committed sexual intercourse with the victim. He submits that it is also alleged that the applicant asked his friend to commit sexual intercourse with the victim. He submits that the victim herself had filed a private complaint before the learned Judicial Magistrate First Class, Pimpalgaon (B), Dist. Nashik, stating that the applicant is her husband and due to the harassment by the applicant and his family members, offences be registered under Sections 498(a), 323, 504, 506, 34 of the Indian Penal Code, 1860 (for short, “IPC”) against them. He invited my attention to the order dated 24.04.2019, passed by the learned Judicial Magistrate, wherein after the recording of the verification statement, a process was issued. However, in the said case, a settlement arrived between the parties and the victim had accepted Rs.2,25,000/- as a settlement amount; accordingly, by order dated 10.08.2022, the said complaint case was 3 31. BA 1182 of 2026.odt disposed of as withdrawn. Further drawing attention to the observations in the order, he submits that, it is stated that the complainant filed a pursis at Exhibit 30, stating that by mutual consent, the applicant and respondent have taken divorce. He submits that considering the background of the case, the allegations against the applicant are apparently false. No such incident as narrated in the first information report occurred and therefore, he prays to grant bail, since the investigation is complete and charge-sheet is filed. 5. On the other hand, learned APP and learned Counsel appearing for the victim vehemently opposed the application and submitted that since the year 2017, the applicant, under the false pretext of marriage, committed sexual intercourse with the victim. They submit that even if it is presumed that some proceedings were initiated by the victim, however, the order of disposal was passed on 10.08.2022. Even thereafter, the applicant had committed sexual intercourse with the victim. They submit that the applicant further also asked the victim to have sexual intercourse with his friend and accordingly, the said friend also committed sexual intercourse with the victim, who has been made accused No.2 in the crime. They submit that the allegations are serious in nature and against a woman. Therefore, considering the nature of allegations, the applicant does not deserve to be granted bail. 4 31. BA 1182 of 2026.odt 6. Upon consideration of the submissions of both the sides and after perusal of the first information report and relevant papers, it could be gathered that the applicant and victim knew each other since 2017. It appears that the victim is widow and the applicant and the victim were having love relations which later on converted into physical relations. It further appears that the allegations are made against the applicant that under the false pretext of marriage, the applicant has committed sexual intercourse with the victim. Not only that, it was also alleged that his friend also committed sexual intercourse with the victim on the say of the applicant. 7. Perused the relevant documents placed on record by the learned Counsel for the applicant i.e. private complaint and the orders passed therein. From the said documents, it could be gathered that the victim herself had filed a private complaint, for the offences under Sections 498(a), 323, 504, 506, 34 of IPC, before the learned Judicial Magistrate First Class, Pimpalgaon (B), Dist. Nashik, stating that the applicant is her husband and the applicant and his family members harassed her. It is to be noted that on 24.04.2019, the learned Magistrate was pleased to issue process against the applicant and thereafter, an application was filed at Exhibit 30, in respect of settlement between the parties by accepting Rs.2,25,000/- by the victim. It appears that on the very day, the learned Magistrate passed 5 31. BA 1182 of 2026.odt the order of disposing of the private complaint as withdrawn and even observed that the applicant and respondent have taken divorce by mutual consent. These factors go to show that the first information report was registered with the ulterior motive. In fact, all these proceedings were suppressed in the first information report. Therefore, considering the above facts and circumstances and since the investigation is complete and charge-sheet is filed, I am inclined to grant bail to the applicant. Hence, the following order. ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Sardar Khan Sattar Khan, be released on bail in connection with Zero FIR No.02 of 2026, registered with Police Station Shegaon, Dist. Buldhana, which was later registered as Crime No.190 of 2026, registered with Police Station Telhara, Dist. Akola, for the offences punishable under Sections 115(2), 64(2)(m), 69, 77, 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. 6 31. BA 1182 of 2026.odt iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. vi) Pending applications, if any, stand disposed of. 8. 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. 9. Fees of the appointed Counsel be quantified as per Rules by the High Court Legal Services Sub Committee, Nagpur. (M.M. NERLIKAR, J.) asd