18 aba 440-2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.440/2026 Sunil s/o Ashok Rathod Vs. The State of Maharashtra through P.S.O., Police Station Frezerpura, Amravati and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri U.V. Wasnik, Advocate h/f Shri S.D. Chande, Advocate for applicant Shri H.D. Marathe, APP for non-applicant/State Ms Disha C. Kamwani, Advocate (appointed) for non-applicant No.2 CORAM : PRAVIN S. PATIL, J. DATE : 22.06.2026 1. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No.202/2026 dated 05.04.2026 registered with Police Station Frezarpura, Amravati for the offences punishable under Sections 64(1), 75(2), 308(2), 115(2), 351(3), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. In short, the case of prosecution is that, the informant lodged a complaint alleging that on 04.02.2024, when the husband of the informant had gone for duty, the accused/applicant had been to her house and committed rape on her. The present applicant also threatened the informant that he will made viral the obscene photographs and see that same photographs will reach to all the relatives 18 aba 440-2026.odt 2 of the applicant. On that count, the applicant and co- accused have demanded Rs.5,00,000/- from the complaint. As such, she has paid Rs.3,50,000/- to the present applicant. On the basis of these allegations, the offence came to be registered in the matter. 4. It is pertinent to note that the date which is mentioned by the informant in the complaint by stating that her husband was on duty on that day was a Sunday. As such, prima facie the allegations leveled by the informant seems to be not trustworthy in the matter. 5. It is further pertinent to note that this Court by order dated 27.05.2026, granted interim protection to the applicant by directing him to attend the police station on every Monday and Friday till filing of the charge-sheet. Accordingly, the applicant has extended his cooperation and attended the police station. 6. Learned APP has specifically stated in his reply that applicant has attended the police station and his statement is recorded. It is further stated that his medical examination was conducted and as per seizure panchanama, investigating officer has seized mobile phone of the applicant. 7. In light of the facts and circumstances of the matter, in my considered opinion, the custodial interrogation, at this stage of the applicant, is not required in the matter. Therefore, the applicant is entitled for the anticipatory bail. 18 aba 440-2026.odt 3 In view of the same, the following order is passed: ORDER i) The application is allowed. ii) In the event of arrest in Crime No.202/2026 dated 05.04.2026 registered with Police Station Frezarpura, Amravati for the offences punishable under Sections 64(1), 75(2), 308(2), 115(2), 351(3), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023, the Applicant –Sunil s/o Ashok Rathod, be released on bail on her executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount. iii) The Applicant shall attend the concerned Police Station, as and when called by the investigating officer till filing the charge-sheet. iv) The Applicant shall, at the time of execution of bond, furnish his address and telephone/mobile number(s) to the Investigating Officer and the Court concerned, and shall not change the same till the final disposal of the case. v) The Applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer. vi) The Applicant shall not obstruct or hamper the police investigation and not play mischief with the 18 aba 440-2026.odt 4 evidence collected or yet to be collected by the Investigating officer. vii) It is made clear that in the event, if any such incident or offence is registered of same nature against the applicant, during the pendency of trial, the liberty granted in favour of applicant will stand revoked automatically. 8. The application stands disposed of. 9. Fees to the appointed Counsel be quantified as per the Rules. (PRAVIN S. PATIL J.) R.S. Sahare