1 16.aba.726.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.726 OF 2026 Hamza Mohammad Wahid Khan ..vs.. State of Maharashtra and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.N. Ali, Advocate for the applicant. Mr. A.B. Badar, APP for the non-applicant/State. Ms Aastha Sharma, Advocate for non-applicant no.2 (appointed.) CORAM: M.M. NERLIKAR, J. DATE : 11.09.2026. Heard. 2. Apprehending his arrest in connection with Crime No.298 of 2026 registered with Nandanvan Police Station, Nagpur City for the offences punishable under Sections 69 of the Bharatiya Nyaya Sanhita, (BNS), 2023, the applicant prayed for pre-arrest protection. 3. Learned Counsel for the applicant submits that this Court has already protected the applicant vide order dated 13.08.2026 by granting interim protection and considering the fact that the charge-sheet is filed, the applicant prayed to be protected. 4. Learned APP and learned Counsel appearing for the informant vehemently opposed the application on the ground that Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 has been incorporated with a specific purpose to curb incidents of having sexual intercourse with a woman through deceitful means or by making a false promise of marriage with no actual intention of 2026:BHC-NAG:12201 2 16.aba.726.2026 fulfilling that promise, though it cannot be recorded as a rape, and considering the object of said Section, the application is prayed to be rejected. 5. I have considered the rival submissions and perused the record. 6. A perusal of the FIR reveals that in the year 2024, the victim and the applicant met at AIIMS Hospital, where the victim had taken her grandmother for treatment. Their acquaintance developed converted into a love relationship. The applicant expressed his willingness to marry with her and she accordingly informed the said fact to her mother, for which the mother of the victim opposes. Consequently, in February, 2024, the victim left her house at her own and started residing with the applicant in a rented room in Nagpur as husband and wife, and accordingly, during which sexual intercourse took place between them. It could be gathered that it was the mother of the victim, who refused to solemnize the marriage of the victim with the applicant. Under such circumstances, I do not find that the applicant at any point of time refused to marry with the victim, on the contrary, it is stated in the FIR itself that, for 5 months the applicant and the victim were resided together as husband and wife. And therefore, in my considered opinion, the applicant has made out a case to grant pre-arrest protection. Hence the following order : (a) The Application is allowed and disposed of. (b) The order dated 13.08.2026 is hereby 3 16.aba.726.2026 confirmed on the same terms and conditions as incorporated in the said order. (c) Pending application(s), if any, stand disposed of accordingly. (d) 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. 7. Fees of the appointed Counsel be quantified as per rules. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 15/09/2026 17:26:39