H.C.SHIV 907.BA1332.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1332 OF 2026 Akash Krishna Desai …. Applicant V/s. The State of Maharashtra & Anr. …Respondents Mr. Shyam Birje with Mr. Prasad Avhad with Mr.Ganesh Lohkare for the Applicant. Mr. R. M. Pethe, APP with Mr.T. G. Khan, APP for the Respondent – State. Mr. Gaurav Mhatre with Mr. Vinit Jain for Respondent No.2- victim. Respondent No.2 present in person. Mr. Ashutosh Chavan, API, Kashigaon police station present. CORAM: SHYAM C. CHANDAK, J. DATED : 2nd SEPTEMBER, 2026 P.C. :- 1. Present Application seeks release of the applicant on bail in connection with C.R. No.507 of 2025, registered with Kashigaon police station, Mira-Bhayandar, Thane for offence punishable under Sections 351 (2), 64(2)(m), 69, 77 and 89 of the Bharatiya Nyaya Sanhita, 2023 (for short “B.N.S.”) on the Report dated 12.11.2025 filed by Respondent No.2 (“the victim”). 2. Heard learned Counsel for the parties. Perused the record. 3. The prosecution case is that, in November 2024 the applicant and the victim came in contact with each other through ‘Facebook’. Thereafter, they used to talk on phone and frequently meet each-other. Gradually, they became friends. On 17.03.2025, the applicant and the victim had gone for a party, where two friends of the applicant had joined them. At that time, the HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.07 12:15:15 +0300 H.C.SHIV 907.BA1332.26.DOC applicant and his friends were having alcohol, therefore, the victim wanted to go away. However, the applicant persuaded her to take rest and therefore, she along with the applicant went to a lodge. It is alleged that, there, the applicant forced her to consume alcohol. Consequently, she lost her consciousness. When she woke up, she found herself disrobed of the clothes on her person and realised that the applicant committed forcible sexual intercourse with her against her will. On being questioned, the applicant admitted the said fact. At that time the applicant told her that he had taken her objectionable photographs. It is alleged that on 04.04.2025, the applicant took the victim at the same place and committed forcible sexual intercourse with her repeating the same threat. It is alleged that, consequently, the victim had suffered certain injury to her genitals which forced her to undergo a surgery. Further, in June 2025, again the applicant had physical relations with the victim, on the promise of marriage. Consequently, she became pregnant. When she informed the said fact to the applicant, he refused to marry her. Therefore, on 07.10.2025 she lodged a complaint. However, she withdrew that complaint on the request of the applicant and his assurance that he would marry her. Thereafter, on 30.10.2025, the applicant and the victim had physical relation. However, the applicant did not marry with her, therefore, on 11.11.2025, the victim tried to commit suicide by consuming poison. Finally, on 12.11.2025, she filed a report leading to registration of the aforesaid crime and the applicant came to be arrested. On completion of the investigation, the police filed the charge-sheet. The trial Court declined the prayer to release the applicant on bail. 4. Mr.Birje, learned Counsel for the applicant submitted that considering the text of the FIR and the conduct of the victim, it is H.C.SHIV 907.BA1332.26.DOC apparent that it is not a case of rape but of consensual physical relationship. The applicant is pursuing LL.B. Degree course and his incarceration is posing an obstacle in his education. Therefore, he prays for release of the applicant on bail. 5. In reply, Mr.Pethe, learned APP for Respondent No.1-State and Mr.Mhatre, learned Counsel for the victim submitted that in her Report, the victim has categorically stated that on all occasions when the applicant had sexual intercourse with her, it was against her will and on account of the false promise of marriage and with the threat that he will make her objectionable video viral. The first such act was committed by the victim after causing her to consume alcohol. The false promise of the marriage sent the victim in depression and consequently, she attempted to commit suicide. Therefore, there is a prima facie case against the applicant of having committed this offence. Hence, the bail may be refused. 6. I have considered these submissions. Admittedly, the victim was repeatedly subjected to physical relationship against her will and once she had become pregnant. Thereafter, the applicant had told her that he would marry her after completing his education and caused her to abort the child. Thereafter, the applicant refused to marry her. Consequently, she filed a complaint against him 07.10.2025. She then withdrew that complaint on 24.10.2025 on the request by the applicant and his promise that he would marry her. Thereafter, on 30.10.2025 the two had gone to certain hotel and had sexual intercourse because the applicant had expressed regret and had promised to marry her. But on the very next day the applicant refused to marry her. Therefore, on 08.11.2025, she went to meet the Applicant and speak to him. On 10.11.2025, she learnt that the applicant has filed a complaint against her. Page 3 of 6 H.C.SHIV 907.BA1332.26.DOC Therefore, she also went to the police to file complaint. Therefore, the applicant was called there and after negotiation by police, he agreed to marry her. However, he did not. These facts indicate that since the applicant’s education was incomplete he was not prepared for the marriage and to take responsibility of the victim, therefore, he could not marry. The victim was aware of the said fact. Yet, she continued the relationship with the applicant. In this background, prima facie it appears that the relationship between the two was consensual. However, their relationship became strained as the marriage was not possible and consequently, the victim filed the report. In so far as the injury to genitals of the victim is concerned, it appears that, it was her medical condition, for which she had voluntarily undertook the surgery. Her attempt to commit suicide is not related to the alleged rape because there is no evidence of abetment of suicide. In Uday vs. State of Karnataka, reported in AIR 2003 SC 1639, the Apex Court observed that if a full grown girl consents to the act of sexual intercourse on a promise of marriage and continues to indulge in such activity, it is an act of promiscuity on her part and not an act induced by misconception of fact. Section 90 IPC cannot be called in aid in such a case to pardon the act of the girl and fasten criminal liability on the other, unless the Court can be assured that from the very inception the accused never really intended to marry her. 7. In view of the above discussion and having considered the material on record in the light of the said decision, in my opinion, whether the applicant has committed this offence or not, is a question of trial. The applicant is in jail since November 2025. His H.C.SHIV 907.BA1332.26.DOC detention in jail will not serve any purpose. If released on bail, the applicant is not likely to abscond and tamper with the evidence. 8. In the wake of above, the applicant is entitled for bail. Hence, following Order :- (i) Applicant – Akash Krishna Desai be released on bail in aforesaid FIR bearing C.R. No.507 of 2025 registered with Kashigaon police station, Mira-Bhayandar, Thane, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Kashigaon police station, Thane on 1st and 16th day of each calender month, between 11:00 a.m. to 2:00 p.m., till 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 enter Dahisar area till the conclusion of the trial. (v) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (vi) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. H.C.SHIV 907.BA1332.26.DOC (vii) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (viii) 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 outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 9. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)