39. BA 1141-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1141 OF 2026 Aalok Ajaykumar Purohit .Applicant Vs. The State of Maharashtra & anr. .Respondents Dr. Abhinav Chandrachud a/w. Mr. Pratik Rajopadhye, Mr. Ameya Ranade, Mr. Gaurav Lele & Ms. Shrawani Hatkar, Advocates, for the Applicant Ms. Anuja S. Gotad, APP, for Respondent No. 1 – State Ms. Vanita Dhumal, E.O.W., Pimpri-Chinchwad present CORAM : MILIND N. JADHAV, J. DATE : 03.09.2026 P. C. 1. Heard Dr. Chandrachud, learned Counsel for the Applicant and Ms. Gotad, learned APP for Respondent No. 1 – State. 2. Despite the Respondent No. 2 having been served, she is not present at the address. Efforts have been made by the Advocate for the Applicant pursuant to the previous order. Affidavit of service has been filed. It is dated 03.09.2026. The same is taken on record. The Applicant is incarcerated in an offence punishable under Sections 64, 69, 115(2), 117(2), 351(2), 351(3) of the of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) and Section 67 of the Information Technology Act, 2000 in FIR No. 560 of 2025 since Anand 1 of 5 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.03 20:32:02 +0530 39. BA 1141-2026.doc 07.10.2025. The date of the incident stated in the FIR is of 06.05.2025. Though this Court is prima facie aware that delay in filing the FIR of the incident will not be fatal to the case of the prosecution or the prosecutrix, the facts in the present case are different. The Applicant is 43 years old, whereas the Prosecutrix/Complainant is 35 years old. They befriended each other on the matrimonial website. The prima facie material placed on record including their conversations, messages and photographs exchanged between the Applicant and Prosecutrix as appended to the present Application show that the parties were in a relationship rather a consensual relationship. Though Ms. Gotad, learned APP would persuade me to consider the fact that the Applicant despite being married, in fact, lured the Prosecutrix into a matrimonial trap with a promise to marry her and took advantage of that situation and outraged her modesty and assaulted her several times. However, it is seen that the material which is placed on record by the prosecution post investigation does not support such a case prima facie which is argued. The statements of the prosecution witnesses which are recorded as also the statement given by the Prosecutrix herself prima facie show that the parties were in a relationship for quite some time, that they had gone out on vacation and that they would also spend a lot of time together. The profile of the Applicant is that he was a Anand 2 of 5 39. BA 1141-2026.doc restaurateur as well as CEO of a Company. The only charge of the prosecution to oppose the present Application is that the Applicant had concealed his official marriage and had carried on his relationship with the Prosecutrix. Though at first blush, the said submission may seem attractive as argued by the learned Prosecutor, however, the material which is placed on record prima facie does not support this argument. In fact, the Medical Report also does not state of any violence or abuse or hurt or even for that matter any verbal threats of hurting as stated therein by the Prosecutrix herself. The material which is exchanged in the form of messages on Instagram and WhatsApp are to such an extent that it prima facie shows the intimate and consensual relationship of the parties. These are only prima facie observations made for the purpose of considering the present Application for bail and may not be construed as any opinion formed by this Court which may affect the trial. The complicity of the Applicant would otherwise undoubtedly be proved in trial. However, in view of the above facts, the Applicant has made out a case for grant of bail. 3. Hence, in view of above prima facie observations and finding, Bail Application of the Applicant is allowed subject to the following terms and conditions :- (i) Applicant – Aalok Ajaykumar Purohit is directed to be Anand 3 of 5 39. BA 1141-2026.doc immediately released from prison in connection with CR. No. 560 of 2025; (ii) The Applicant is directed to be released on bail on furnishing P. R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount; (iii) The Applicant shall report to the Investigating Officer at Wakad Police Station, Pune, once every month, on the first Monday of every month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) The Applicant shall not leave the country without the prior permission of the Trial Court and shall deposit his passport with the Trial Court; (vi) The Applicant shall not influence any of the witnesses Anand 4 of 5 39. BA 1141-2026.doc or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 4. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 5. The Bail Application No. 1141 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 5 of 5