Citation : 2026 Latest Caselaw 3443 Bom
Judgement Date : 6 April, 2026
2026:BHC-AS:16240 Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2026.04.06
17:35:03
+0530
Chitra Sonawane 8-ABA-3520-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Anticipatory Bail Application No.3520 of 2025
Vaibhav Ashok Patil
Age: 38 yrs, Occ: Service,
R/at B-605, Plot No.46,
Payal Heritage, Shilp Chowk,
Sector-20, Kharghar, Panvel ... Applicant.
Vs.
1. The State of Maharashtra
At the instance of Sr Inspector of
Police, Manpada Police Station, Thane,
through the Public Prosecutor's office,
Hon'ble Bombay High Court, Mumbai.
2. XYZ
(Through Manpada police station) ... Respondents.
---
Mr Aabad Ponda, Sr Counsel, a/w Jugal Kanani, Minal
Chandnani and Rajesh Ranglani, Monish Bhatia i/by
Jaiwant Chandnani & Associates for the applicant.
Ms GP Mulekar, APP for the respondent/ State.
API KR Patil, Manpada Police station.
---
Coram : R.N.Laddha, J.
Date : 6 April 2026.
P.C. :
The applicant apprehending arrest in connection with
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CR No.1384 of 2025, registered at Manpada Police Station,
Thane, for the offences punishable under Sections 69 and
351(2) of the Bharatiya Nyaya Sanhita, 2023, has filed the
present application seeking pre-arrest bail.
2. According to the prosecution, between June 2024 and
November 2025, under the false pretext of marriage, the
applicant engaged in physical relations with the informant.
Subsequently, when the prosecutrix discovered that the
applicant had maintained relations with other women, she
confronted him when he threatened her and reneged on his
commitment.
3. Mr Aabad Ponda, the learned Senior Counsel
appearing on behalf of the applicant, asserting the
applicant's innocence, contends that the applicant has been
falsely implicated in the crime. He submits that both the
applicant and the informant/victim are consulting and
married adults who were engaged in a consensual
relationship. The FIR is completely silent on the alleged
recording of obscene videos. The applicant is ready and
willing to comply with the conditions imposed by this
Court, including surrendering his mobile phone and
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undergoing a medical examination. The learned Senior
Counsel also relies upon the decision in Pramod Navratna
vs. State of Chhattisgarh, 2026 SCC OnLine SC 154 to
submit that the applicant is entitled for grant of pre-arrest
bail.
4. Ms GP Mulekar, the learned Additional Public
Prosecutor representing the respondent/ State, opposes the
applicant's request for pre-arrest bail and contends that the
offence is of a serious nature. It is submitted that the
applicant engaged in forcible sexual relations with the
informant under the false pretence of marriage, which
constitutes a serious breach of trust and exploitation. The
learned APP expresses concerns about potential tampering
with evidence or the influence of witnesses if the applicant
is granted pre-arrest bail. However, she acknowledges that
the investigation has concluded except for the recovery of
the applicant's mobile phone and his medical examination.
5. Upon perusing the records, it appears that both the
applicant and the victim are consenting, married adults who
were involved in a consensual relationship. Their
relationship appears to have lasted from June 2024 to
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November 2025. The learned APP acknowledges that the
investigation is complete except for the recovery of the
applicant's mobile phone and his medical examination, and
nothing is to be recovered or discovered from the applicant.
To address concerns about tampering with evidence or
influencing witnesses, appropriate conditions can be
imposed. In these circumstances, the present application is
allowed in the following terms:
ORDER
(i) In the event of the applicant's arrest in CR No.1384 of 2025, registered at Manpada Police Station, Thane, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant shall attend the concerned Police Station to surrender his mobile phone and undergo medical examination, and thereafter, as and when required by the investigating officer.
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Chitra Sonawane 8-ABA-3520-2025.doc
(iii) The applicant, himself or through any other person, shall refrain from contacting the victim in any manner whatsoever.
(iv) The applicant, either himself or through any other person, shall not indulge in any activities that may lead to evidence tampering or witness influence.
6. The application stands disposed of accordingly.
[R. N. Laddha, J.]
____________________________________________
6 April 2026
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