1 17 ABA 729.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 729/2026 (Mujeebuddin Yunusuddin Rahman 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. Syed Salman Ali, Advocate for applicant. Mr. A. Kadukar, APP for non-applicant/State. Ms. Anuprita Mishrikotkar, Advocate (appointed) for non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 04/09/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 337/2026 registered with Police Station Patur, Dist. Akola for the offence punishable under Sections 64, 64(2)(m), 74, 75 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case is that on 02/07/2026, the informant aged about 29 year alleged that in the month of June, her minor daughter woke up scared in the middle of the night, the informant’s relative had suggested her to go to Mujeeb Maulana for treatment who was residing at Patur. Therefore the informant along with her husband and child went to Patur for treatment on Saturday. 2 17 ABA 729.26 Allegedly the applicant had advised the informant that she and her minor daughter, both are under the influence of the evil shadow, thereby both are required to undergo treatment. For nearly one year the informant along with her husband and child went to Patur for taking the treatment. Whereas the applicant has allegedly committed forceful sexual intercourse on the informant under the garb of treatment. Based on these allegations, the first information report was registered on 02/07/2026. 4. The learned counsel for the applicant submits that victim is 29 years of age and the applicant is 60 years of age. He further submits that the allegations against the applicant are of sexual intercourse with the informant. He further submits that there was a property dispute between the parties, wherein the said property was in the name of the informant. Though the dispute was pacified, even thereafter, the husband of the informant has harassed the applicant on one pretext or other. Therefore, the applicant was constrained to lodge a non-cognizable report on 18/06/2026. The entire allegations levelled against the applicant are false. It is difficult to believe that when the informant along with her husband and her child, had gone 3 17 ABA 729.26 to the house of the applicant, the applicant would have attempted to disrobe the informant in the presence of her husband and her child. He further submits that under the pretext of the alleged treatment, the applicant allegedly committed sexual intercourse with the informant. Therefore, he submits that due to the property dispute, the applicant has been falsely implicated in the present crime. Considering above said facts, the applicant deserves to be granted anticipatory bail. 5. On the other hand, the learned APP submits that this Court has already granted interim protection to the applicant and accordingly he has cooperated in the investigation. However, he submits that the allegations mentioned in the first information report are serious in nature. The applicant under the garb of treatment has called the victim to his house and took undue advantage of her and committed sexual intercourse with the victim on several occasions. The delay cannot be considered in such matters, since it is a case of sexual assault, wherein the victim usually approaches the police station after consultation and due to the social stigma. Under such circumstances, he submits that the allegations are of rape 4 17 ABA 729.26 which are serious in nature. Therefore, the applicant does not deserve to be granted bail. 6. Upon consideration of rival submission, it appears that the allegations made are of rape in the month of April, 2026. Wherein, the daughter of the informant was not feeling well, despite the treatment, she remained ill. Therefore, it was advised by the one of the relatives of the informant to go to “Maulana” i.e. the present applicant. Accordingly, the informant and her daughter both went to the applicant for the purpose of treatment. Accordingly, it was informed by the applicant that, they both i.e. the informant and her daughter need treatment. In the month of April 2026, it was informed by the applicant that the informant was required to come to his house for treatment and reside there. Accordingly, the entire family of the informant shifted to the house of the applicant at Patur, wherein the applicant committed sexual intercourse with the informant on multiple occasions. The said offence was brought to the notice of her husband, however at that time her husband has not even questioned the applicant and they left the house of the applicant. Thereafter, on 02/07/2026, the first information report was registered by 5 17 ABA 729.26 the informant against the applicant. It is further to be noted that when the informant, her husband and her daughter together went to the house of the applicant, then it is very difficult to accept the allegations that the applicant will commit rape when her daughter and her husband were residing together with the applicant. It is further to be noted that some property dispute was tried to be brought on record between the parties, however that defence would be considered at the appropriate stage during the trial by the Court. Therefore, considering the nature of allegation, I am inclined to grant anticipatory bail. Hence the following order:- ORDER (I) Application is allowed and disposed of. (II) The order dated 13/08/2026 passed by this Court is hereby confirmed on the same terms and conditions as incorporated in the said order. (III) The applicant shall co-operate with the Investigating Agency. 7. Pending application (s), if any, stand disposed of accordingly. 6 17 ABA 729.26 8. 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. 9. Fees of the appointed counsel be quantified and paid as per Rules. ( M. M. NERLIKAR , J.) J.B.Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 07/09/2026 17:59:50