1 8 ABA 701.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 701/2026 (Aditya Raju Maladhare Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. R. Saxena, Advocate for applicant. Mr. A. Badar, APP for non-applicant/State. Ms. Preeti s. Gwalani, Advocate (appointed) for non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 29/08/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No.291/2026 registered with Police Station Jawaharnagar, Dist. Bhandara for the offences punishable under Sections 376(2)(n) of the Indian Penal Code (“IPC”) read with Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act. 3. The brief facts of the prosecution case are that on 20/06/2026, the informant, who is the mother of the victim, made allegations against the applicant. The informant has been residing separately from her husband, for the last 16 years. Proceedings related to their 2 8 ABA 701.26 separation are pending before the Family Court, Nagpur. The informant has one daughter, aged about 24 years, i.e., the victim, and one son. The victim has been suffering from mental illness since the age of eight years and, due to her condition, has not pursued her education. She is presently undergoing treatment at a private hospital in Nagpur. On 21/01/2026, when the victim was admitted for treatment at the Medical Hospital, Nagpur, she disclosed to the informant that during the Diwali and summer vacations, she used to visit the informant's matrimonial house situated near the petrol pump at Bhandara, within the jurisdiction of Police Station Jawahar Nagar, Bhandara. The applicant, who is the son of the younger brother-in-law of the informant, used to reside at Bhandara and whenever the victim visited Bhandara, she would also visit the applicant's house. It is further alleged that in the year 2019, when the victim had gone to Bhandara during her summer vacation, the applicant showed obscene videos to her when she went to his house and thereafter established physical relations with her against her will, taking undue advantage of her condition. The victim had informed her father about the incident, however, he did not believe her. 3 8 ABA 701.26 The victim, being mentally ill, she was unable to recollect any specific date or time of the alleged incident. As the victim was unwell and was undergoing treatment, the report could not be lodged immediately, resulting in the delay in registration of the offence. 4. The learned counsel for the applicant submits that the informant who is the mother of the victim has been involved in various legal proceedings with the family of the applicant. It is submitted that she has lost proceedings under Section 498-A of the IPC case and also the proceedings are pending between the applicant and the mother of the victim with respect to domestic violence case, maintenance proceedings under section 125 of the Code of Criminal Procedure, so also divorce proceedings. Under this backdrop, the learned counsel for the applicant submits that as soon as she lost the case of Section 498-A of the IPC, she started lodging the FIR against the family members of the applicant. It is not in dispute that the informant is the wife of the real uncle of the present applicant. The learned counsel for the applicant invited my attention to the First Information Report (“FIR”) which was lodged by the mother of the victim. He submits that 4 8 ABA 701.26 the allegations in the FIR itself disclosed that the incident has taken place in the year 2018 -2019. However, the victim has not disclosed this fact at any point of time. The mother of the victim is taking undue advantage of the mental condition of the victim and lodged the FIR against the present applicant on 20/06/2026. He invited my attention to the another FIR which was lodged by the mother of the victim against her husband, wherein identical allegations have been made and the said FIR was registered on 22/06/2026. The final decision in the case of 498-A of the IPC was dated 18/12/2025 and as soon as the husband and other relatives were acquitted, she started harassing the entire family members of the applicant by lodging criminal cases against them. The applicant is the son of the brother-in-law of the informant. So far as the FIR registered against the husband of the informant is concerned, the allegations made are of 2015 and the FIR was registered on 22/06/2026. Thus, both the FIRs i.e. the present FIR against the applicant and another FIR against the husband of the informant, came to be lodged in short span of time. Under such circumstances, the allegations made against the applicant are motivated and cannot be 5 8 ABA 701.26 believed. He therefore prays that the applicant be granted anticipatory bail. 5. On the other hand, the learned APP and the learned counsel appearing for the applicant vehemently oppose the application and submit that the incident occurred in the year 2018-2019. At that time, the victim was minor. They further submit that the mother may lie, but victim may not, therefore, they have relied on the statement of the victim, wherein she has stated about the applicant has committed sexual intercourse with her after showing obscene videos to her. The victim is mentally challenged. Further, the medical report supports the allegations. Considering the seriousness of the crime and the fact that the victim is mentally challenged, the applicant does not deserves to be granted bail. 6. I have heard both the sides. It is not in dispute that the applicant is the son of the brother-in-law of the informant. The relationship is not in dispute. It is further to be noted that the relationship between the informant and her husband is concerned, even that is not in dispute. There are multiple cases filed by the informant against her 6 8 ABA 701.26 husband. One of the case was filed under Section 498-A of the IPC by the informant against her hudband and husband was acquitted on 18/12/2025. It appears that present FIR was registered on 20/06/2026 making the allegations against the son of the brother-in-law of the informant. It is alleged that in the year 2018-2019, when the victim used to go the house of her uncle, at that time the present applicant used to show her obscene videos and thereafter, he committed sexual intercourse with the victim. It is to be noted that another FIR was registered by the informant against her husband making identical allegations stating that the husband of the informant who is the father of the victim has committed sexual intercourse with the victim in the year 2015, when they were residing at Hingoli. These FIRs were registered in short span of time. The first FIR was registered on 20/06/2026 and the another FIR was registered on 22/06/2026. It appears that the FIR registered on 22/06/2026 was transferred from Ajni Police Station, Nagpur to Hingoli Police Station as the incident occurred in the Hingoli. 7. Upon perusal of both the FIRs, it appears that the allegations are substantially identical. On perusal of the 7 8 ABA 701.26 statement of the victim, it is not in dispute that the victim is mentally challenged person. Further, the statement of victim shows that the applicant has committed sexual intercourse with her after showing obscene videos to her. Prima-facie, I am of the opinion that the allegations made against the applicant appear to be an afterthought. In the backdrop of the aforesaid observations, it is difficult to accept the allegations. Under such circumstances, considering the nature of the allegations and the inordinate delay in registration of FIR. Therefore, I am inclined to grant anticipatory bail to the applicant. Hence the following order:- ORDER (I) Application is allowed and disposed of (II) In the event of arrest, the applicant Aditya Raju Maladhare be released on anticipatory bail in connection with Crime No.291/2026 registered with Police Station Jawaharnagar, Dist. Bhandara for the offences punishable under Sections 376(2)(n) of the IPC read with Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act on furnishing PR bond of Rs. 25,000/- with one solvent surety in the like amount. (III) The applicant shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. 8 8 ABA 701.26 or as and when called by the Investigating Officer. (IV) The applicant shall not tamper with the prosecution evidence in any manner. (IV) The applicant shall cooperate with the Investigating Agency. 8. Pending application(s), if any, stands disposed of accordingly. 9. 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. 10. The fees of the appointed counsel be quantified and paid as per Rules. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 31/08/2026 14:53:11