Order 170826aba969.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 969 OF 2026. Vishal @ Lucky Omkar Shahu -VERSUS- State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri U. Dable, Advocate for the Applicant. Shri N.R. Rode, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 17, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.444/2026, registered with Panchpaoli Police Station, Nagpur for the offence punishable under Section 64[1] of the Bharatiya Nyaya Sanhita, 2023 (BNS). It is alleged that on 03.07.2026, the applicant forcefully committed sexual intercourse with the informant-victim and also assaulted her husband. Therefore, the first information report. 3. The learned Counsel for the applicant submits that the victim is 33 years of age and the allegations are made only after her Rgd. 2026:BHC-NAG:10664 Order 170826aba969.26 2 husband arrived on the spot of incident, and saw the applicant and the victim in one room. Considering the fact that the act is consensual one, in such circumstances, the applicant is entitled for grant of regular bail. 4. The learned A.P.P. vehemently opposed the application by submitting that the applicant has committed the crime against woman as the act of the applicant was not with the consent of the victim. It is further submitted that investigation is going on, therefore, the applicant may not be released on bail. 5. I have considered the rival submissions of the parties. It appears that the victim is 33 years of age. The applicant is running a Food Factory in the name of ‘Babita Food Products’ where ice- cream cones were prepared and the victim was working there. It is alleged that on 03.07.2026, between 1.30 to 2 p.m., while the victim was working in the factory, the applicant took her on third floor on the pretext of some work and committed forceful sexual intercourse without her consent. At that time, husband of the victim arrived and she narrated the entire incident to him. Upon consideration of the allegations, I am of the considered opinion that the applicant has made out a case for grant of regular bail, hence, the following order. Rgd. Order 170826aba969.26 3 ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Vishal @ Lucky Omkar Shahu be released on regular bail in connection with Crime No.444/2026, registered with Panchpaoli Police Station, Nagpur for the offence punishable under Section 64[1] of the Bharatiya Nyaya Sanhita, 2023 (BNS), on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) 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. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. as well as, as and when called by the Investigating Officer till the filing of charge sheet and thereafter, 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 Rgd. Order 170826aba969.26 4 aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 18/08/2026 16:51:30