1 18 ABA 682.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 682/2026 (Akash S/o Sahebrao Badshe Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D.P. Dapulkar, Advocate h/f Mr. Kshitij, Advocate for applicant. Mr. H. D. Marathe, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 24/08/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No.391/2026 registered with Police Station Morshi, Dist. Amravati Rural for the offences punishable under Sections 117(2), 123 of the Bharatiya Nyaya Sanhita (“BNS”). 3. The brief facts of the prosecution case in nutshell are that the informant got married to the present applicant on 10/05/2026 as per Buddhist customs and rites. There was a cordial relationship between them. However, from 15 days i.e. 29/05/2026 the applicant started intoxicating her by giving spiked cold drink, due to which the informant used to get unconscious and thereafter the present applicant used to commit unnatural 2 18 ABA 682.26 sex with her. Due to the said act, the informant had incurred injuries resulting in heavy bleeding from her private parts and therefore on 14/06/2026, she was admitted for treatment in District Rural Hospital, Amravati and she was further referred to Dr. Panjabrao Deshmukh Hospital Amravati on 15/06/2026. Based on this information, the first information report was registered. 4. The learned counsel for the applicant submits that the victim is the wife of the applicant. The allegation against the applicant is that he has committed an act of unnatural, intercourse with the victim. He invited my attention to the allegations contained in the first information report. He submits that the allegations are false and even if the allegations are taken as it is, the offence under Section 117 (2) of the BNS would not be attracted. Since the applicant and the victim are husband and wife and considering the nature of allegations, the applicant is prayed to be released on anticipatory bail, since he has been granted interim protection by an order dated 03/8/2026. 3 18 ABA 682.26 5. On the other hand, the learned APP vehemently opposes the application and submits that there is no dispute that the applicant and the victim are husband and wife. However, the allegations are serious in nature of having unnatural sexual intercourse with the victim. Due to the act of the applicant, the victim sustained grievous injuries which are corroborated by the injury certificate, which shows injuries near the anal region. Although the applicant, after granting interim protection, has co- operated in the investigation, however, considering the seriousness of the allegations, the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. There is no dispute that there are serious allegations against the applicant. However, considering the nature of relation between the applicant and the victim and further, the applicant has co-operated in the investigation by attending the police station, under such circumstances, I am of the considered opinion that the interim protection granted by this Court needs to be confirmed. Hence, the following order:- 4 18 ABA 682.26 ORDER (I) Application is allowed and disposed of. (II) The order dated 03/08/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order. 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 Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 25/08/2026 10:23:50