P.H. JAYANI 906 BA1078.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1078 OF 2026 Satyavan Anant Nimbalkar …. Applicant V/s. The State of Maharashtra …Respondents Mr. Siddharth Jagushte for the Applicant. Mr. H.J. Dedhia, APP for the Respondent – State. CORAM: SHYAM C. CHANDAK, J. DATED : 2nd JULY, 2026 1. Present Application seeking release of the Applicant on bail in C.R.No.164/2025 registered with Rabodi Police Station, Thane for the offence punishable under Sections 69, 318(4), 336(1), 336(3) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, on the Report dated 23/03/2025 filed by the victim. 2. Mr. Dedhia, learned APP tendered an Affidavit affirmed by the Respondent No.2 (“the victim”). It is taken on record. Further, Mr. Dedhia stated that Respondent No.2 has instructed him to represent and espouse her cause. 3. Heard learned counsel for the parties. Perused the record. 4. The prosecution case is that at the relevant time, the Applicant and the victim were working in the same office and they were acquainted with each other. Both were married. The victim was not conceiving. Once the Applicant brought some medicine for the victim. On consuming the medicine, she felt well. Meanwhile, the Applicant took a photo of the victim. Later on, the Applicant told the victim that unless she indulge in sexual P.H. JAYANI 906 BA1078.2026.DOC intercourse besides taking the medicine, she will not conceive. Further, he threatened to make her photo viral and committed sexual intercourse with her against her will, at Titwala. At that time he also took her obscene video. Additionally, the Applicant falsely promised the victim that he will get her a clerk’s job in the BMC provided she gives him money. Till filing of the FIR, the victim gave him Rs.16,74,538/- through banking transactions and pledging her gold ornaments which also includes the loan amounts which the Applicant obtained by misusing her KYC documents. Only some amount the Applicant has returned to her. Between September 2024 to November 2024, the Applicant took the victim at several hotels and committed sexual intercourse with her without her will by threatening her to make her photos and videos viral. Therefore, the victim filed a Report on 23/03/2025 against the Applicant leading to registration of the said crime. On completion of investigation, police submitted the charge-sheet. The Sessions Court declined to release the Applicant on bail. 5. Mr. Jagushte, learned Counsel for the Applicant submitted that the Applicant and the victim were married before they came in contact with each other. After getting acquainted with each other, friendly relationship were developed between the two which led to physical relationship between them. However, the same were with free consent of the victim. During the said relationship, certain monetary transactions had taken place, as alleged. Majority of the expenses were for the hotel and lodging purposes. More than Rs.6 lacs have been returned by the Applicant. There is no material showing that the Applicant had sent a forged appointment letter to the victim on e-mail. As such, the Applicant is innocent. Therefore, he may be released on bail. Page 2 of 5 P.H. JAYANI 906 BA1078.2026.DOC 6. Mr. Dedhia, learned APP, on the other hand, submitted that in her Report the victim has categorically stated that the Applicant had induced her to pay him considerable amount from time to time on the false pretext of giving her a job in the BMC. Meanwhile, he took the victim at several places and committed sexual intercourse with her against her will, taking advantage of her emotions and by threatening to make her obscene photos viral. In the MoU and Letter of Guarantee, the Applicant has accepted his legal and monetary liability. Thus, there is a prima facie case against the Applicant of having committed the alleged offence. The offence is serious. Therefore, the Applicant is not entitled for bail. 7. I have considered these submissions. In the FIR, the victim has categorically stated that, from time to time, she had paid certain money to the Applicant as he had promised that he will get her a job of clerk in the BMS. There is sufficient material on record which shows that the Applicant had taken the said amount from the victim. Said fact is also accepted in the MoU and the Letter of Gurantee and that the Applicant had promised the victim that he will get a job for her. But, the victim did not get any job. As such, there is a prima facie case of cheating. 8. As alleged, some loans were obtained by the Applicant from private institutes by misusing the KYC of the victim. The victim was aware of the said fact. Yet, she did not take prompt legal steps against the Applicant. Out of the disputed amount, the Applicant has returned Rs.6,52,112/- to the victim. Considering the narration in the FIR, it appears that the physical relationships between the Applicant and the victim were consensual because at no point of time, the victim tried to complain against the Applicant that he was subjecting her to sexual intercourse against her will. Page 3 of 5 P.H. JAYANI 906 BA1078.2026.DOC Considering the material on record, it appears that, before filing of the report, some dispute had occurred between the parties on account of the money. Therefore, they entered into the MoU and the Letter of Guarantee. Only thereafter, the victim filed the Report. 9. In the wake of above, whether the Applicant has committed the alleged offence of rape or not is a question of trial. The Applicant has returned Rs.6,52,112/- to the victim. The MoU and the Letter of Guarantee indicate the Applicant has undertaken to return the entire amount. The investigation is completed and charge-sheet is filed. The detention of the Applicant will not serve any purpose. The trial will take a considerable time. The Applicant is not likely to abscond and tamper with the prosecution evidence. Therefore, I am inclined to allow the Application. Hence, following Order :- (i) The Applicant – Satyavan Anant Nimbalkar be released on bail in C.R.No.164/2025 registered with Rabodi Police Station, Thane for the offence punishable under Sections 69, 318(4), 336(1), 336(3) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at Rabodi Police Station, Thane on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. P.H. JAYANI 906 BA1078.2026.DOC (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove. 10. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.07.03 18:17:47 +0530