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2026 DAILYLAW 4275 (BOM)

ADITYA RAVINDRA PAWAR v. STATE OF MAHARASHTRA AND ANR

BA/2324/2026 · 2026-08-18

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Judgment text

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MANOJ 912-BA-2324-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2324 OF 2026 Aditya Ravindra Pawar …Applicant V/s. The State of Maharashtra & Anr. …Respondents Mr. Kuldeep S. Patil a/w Mr. Keshav Patil, for the Applicant. Ms. A. A. Deshmukh, APP for the Respondent No.1-State. Mr. Shubhash Rathod, API, Vasai Road Railway Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 18th AUGUST, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The Applicant seeks his release on bail in connection with an FIR bearing CR No.81 of 2026, Registered with Vasai Road Railway Police Station, for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), on the report dated 25.02.2026 filed by XYX, mother of the deceased girl then aged 19 years. 3. The prosecution case is that, about six months prior to lodging of the Report, love relationships were established between the Applicant and the deceased. It is alleged that, on 08.11.2025 at Pune and between 16.12.2025 to 18.12.2025 at Lonavala, the Applicant had committed sexual intercourse with the deceased on a false pretext that he will marry with her. Consequently, the deceased got pregnant. It is alleged that on 21.01.2026 there was a college day in the college of the Applicant. At that time, the deceased had an argument with the Applicant on phone. Two days WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.08.19 12:47:48 +0530 MANOJ 912-BA-2324-2026.DOC thereafter, the deceased was quarreling with the Applicant on phone. When her friend “M” inquired, the deceased told her that the Applicant had a selfie photo with one girl and it was posted on their Instagram account. That led to a quarrel between the two. Further, the deceased told her friend “M” that the said girl may be friend of the Applicant and therefore, she was disturbed. This disturb mindset led the deceased to commit suicide on 29th January, 2026. Therefore, the present crime came to be registered and the Applicant was arrested. The Sessions Court refused the Applicant’s prayer for bail. 4. Mr. Patil, learned Counsel for the Applicant submits that there is no evidence against the Applicant that he had made a false promise of marriage to establish physical relationship with the deceased. The sole incident of posting a selfie on the Instagram is not sufficient to hold that the Applicant had falsely stated to the victim that he would marry with her and therefore, the victim had agreed to establish physical relationship with him. The case is lacking the evidence of abetment to commit suicide. Therefore, the Applicant deserves for bail. 5. In reply, Ms. Deshmukh, learned APP submitted that there is material against the Applicant which show that, immediately after establishing physical relationship with the deceased, the Applicant developed a friendship with another girl and further, he made that relationship public by posting the selfie on Instagram. This conduct clearly indicate that since beginning the Applicant only wanted to establish physical relationship with the deceased, making a false promise of marriage and consequently, she became pregnant, which led her to commit suicide. Therefore, this is not a fit case to grant bail. Page 2 of 4 MANOJ 912-BA-2324-2026.DOC 6. I have considered these submissions. To make out a case of the alleged offence, the prosecution is required to show that, since inception, the Applicant had intended to establish physical relationship with the victim by making a false promise of marriage but without any intention to marry with her. However, the record prima facie show that the physical relationship between the Applicant and the victim was consensual. Consequently the victim got pregnant. Secondly, the selfie is not sufficient to conclude that the Applicant had made a false promise of marriage to induce the deceased to consent for the physical relationship with him. It usually happens in such cases, when two young persons are madly in love, that they promise to each other several times that come what may, they will get married. In the case in hand, having regard to the facts and age of the Applicant as well as the deceased, it appears that the alleged promise to marry was made by the Applicant out of immaturity and unmindful of its consequences. The selfie indicates that there was friendship between the Applicant and the girl seen in that selfie. However, the selfie was misunderstood by the deceased and, it led to a quarrel between her and the Applicant. Consequently, she committed suicide. 7. In the wake of above, I am of the view that there is no prima facie case of the alleged offence against the Applicant. Therefore, the Applicant is entitled for bail. Hence, following Order:- (i) Applicant – Aditya Ravindra Pawar shall be released on bail in connection with an FIR bearing CR No.81 of 2026, Registered with Vasai Road Railway Police Station, on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. Page 3 of 4 MANOJ 912-BA-2324-2026.DOC (ii) The Applicant shall mark his attendance at Vasai Road Railway Police Station, on the 1st day of each calendar month between 12:00 noon to 4:00 p.m., till the 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. (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness 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 Investigation Officer and shall keep him updated, in case there is any change. (vi) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the out come of the trial and also not be taken as an expression of opinion on the merits of the case. (vii) Application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)