1 17 BA 766.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 766/2026 (Himalay Kailas Thakare Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. I. Deshmukh, Advocate for applicant. Mr. H. R. Dhumale, APP for non-applicant/State. Mr. R. S. Bhoyar, Advocate non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 27/07/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No.155/2026 registered with Police Station Yavatmal Rural, Tq. And Dist. Yavatmal for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita. 3. The victim/informant alleged in the first information report that the victim and accused/applicant are residents of same vicinity and were having love affair from last one year. It is alleged that on 15/05/2025 the applicant proposed to the victim, to which the victim agreed. Out of which, the applicant established physical relations with victim on the pretext of marriage. However he refused to marry, when the victim asked about the 2 17 BA 766.26 same. Based on this, first information report was lodged. 4. The learned counsel for the applicant submits that the victim is major and she is also a consenting party to the sexual intercourse. He submitted that initially, they had a love affair, however on the false promise of marriage, the applicant committed sexual intercourse with the victim, however, at the relevant time, the applicant was ready to marry, however as the victim filed the false first information report against the applicant alleging rape, therefore he submitted that the relations became strained hence the story is a after thought. Considering the fact that the victim is major and the applicant is 21 years of age, the applicant be released on bail. 5. On the other hand, the learned APP and the learned counsel for the victim vehemently opposed the application and submit that since inception, the applicant did not intend to marry with the victim and the promise was made only to satisfy his needs. They submitted that though the victim is major, however, she is not the consenting party, as her consent was obtained under the false promise of marriage. They submitted that not only 3 17 BA 766.26 victim but even the parents of the victim tried to persuade the applicant for marriage, therefore they submitted that considering the seriousness of the offence and as first information report clearly establishes the allegations, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. No doubt, so far as the sexual intercourse is concerned, it appears that since inception, the applicant did not intend to marry with her. It is to be noted that during the course of relationship, on multiple occasions, sexual intercourse took place between the victim and the applicant. Although, the victim is major, at no point of time, she denied the said relationship, as it continued with the applicant who is aged 21 years from 15/05/2025 till lodging of the report. Under such circumstances, since the investigation is complete, charge sheet is filed, and the applicant is behind bars since more than 4 months, no purpose would be served by keeping the applicant behind bars, hence the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Himalay Kailas Thakare be 4 17 BA 766.26 released on bail in connection with Crime No.155/2026 registered with Police Station Yavatmal Rural, Tq. and Dist. Yavatmal for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita on his furnishing P.R. Bond of Rs. 50,000/- 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. (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 for two consecutive dates or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. Pending application, if any, stands disposed of accordingly. 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. ( M. M. NERLIKAR , J.) Gohane