Shubham Samadhan Koli vs The State Of Maharashtra And Another
2026 Latest Caselaw 311 Bom

Bombay High Court

Shubham Samadhan Koli vs The State Of Maharashtra And Another on 13 January, 2026

2026:BHC-AUG:1450



                                                      1
                                                                           2194.25ABA

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                         ANTICIPATORY BAIL APPLICATION NO. 2194 OF 2025

                    Shubham s/o. Samadhan Koli,
                    Age : 25 years, Occ - Gym Trainer,
                    R/o. Janta Nagar, Sangamner,
                    Tq. Sangamner, Dist. Ahmednagar.             .. APPLICANT
                                                                 (Orig. Accused)
                              VERSUS

                    1]       The State of Maharashtra
                             Through its Investigation Officer
                             Sangamner City Police Station,
                             Tq. Sangamner, Dist. Ahmednagar.

                    2]       The Superintendent of Police,
                             Ahmednagar.                           .. RESPONDENTS

                                                   ...
                             Advocate for the applicant : Mr.N.B.Narwade
                               APP for Respondent-State : Mr.P.D.Patil
                                                   ...

                                               CORAM : MEHROZ K. PATHAN, J.

                                               DATE        : 13.01.2026

                    P.C. :


                    1]            Heard the learned counsel for the applicant and

the learned APP for the respondent-State.

2] The applicant has filed present application

seeking anticipatory bail in connection with Crime

2194.25ABA

No.1018/2025, registered with Sangamner City Police

Station, Tq. Sangamner, Dist. Ahmednagar, for the offence

punishable under Section 64 (2) (j), 64 (2) (m), 109, 115,

351 (3), 352, 3 (5) of the BNS.

2] The case of the prosecution is that the victim,

aged 25 years, is a married woman with one daughter.

Before 5 years the victim came in contact with the present

applicant in Nutrafit Gym and acquainted with the present

applicant which later-on turned into friendship. The

applicant used to regularly contact the complainant on

telephone. That, the applicant had taken photographs of the

complainant in his mobile phone. The applicant used to call

upon the complainant and asked her to meet him and used

to visit her house. In the month of April, 2022, the applicant

had insisted upon the complainant to keep physical

relationship by giving threats to the complainant to kill her

daughter. The complainant got frightened by the threats

given by the applicant, and therefore, without consent and

will the applicant had committed forceful sexual intercourse

2194.25ABA

with the complainant. The complainant had, thereafter,

tried to inform about physical sexual intercourse committed

by the applicant to her relatives and friends, however, the

applicant has threatened to the complainant on telephone

not to tell anybody about the same.

3] In the month of February, 2023, the applicant

took along with him the complainant to Alandi, District

Pune and performed the marriage and obtained one

certificate. The applicant had used that certificate and

threatened the complainant to make it public. The

complainant had informed the applicant about mental

condition of her father, however, the applicant used to

abuse and assault the complainant under the influence of

alcohol. The complainant had thereafter made an attempt

to keep safe distance with the applicant for about 6 to 7

months, however, the applicant still used to harass the

complainant under the influence of alcohol.

That, on 11.11.2025 at 2.00 p.m. the applicant

had arrived at the house of the complainant at Janta Nagar

2194.25ABA

and as nobody was present in the house the applicant

insisted upon the complainant to talk with him, the

complainant refused to talk with him. However, the

applicant had pretended to cry and requested the

complainant to establish sexual relationship with him and

committed forcible sexual intercourse with her and left the

house. That, on 13.11.2025, the applicant called upon the

complainant at her mobile number and asked her to come

out of the house to meet the father of the applicant and

insisted upon the complainant to leave her husband and

take divorce and asked her to perform marriage with his son

and threatened her. That, on 15.11.2025, at 11.00 a.m.

when the complainant was standing alone on her terrace,

the applicant came on terrace and started abusing the

complainant and made an attempt to press her neck. The

mother of the applicant had also abused the complainant in

a bad language. Thus, the complainant has prayed for

appropriate action against the present applicant, his

mother, namely, Ranjana Samadhan Koli and his father

namely Samadhan Koli.

2194.25ABA

4] The learned counsel Mr.N.B.Narwade for the

applicant submits that the tenor of the first information

report itself suggests that there is consensual relationship

between the applicant and the complainant and the

applicant is a major woman. The complainant is a married

woman and there was love affair between the applicant and

the complainant. The incident narrated in the FIR shows

that the complainant did not file any immediate complaint.

If the last incident of rape dated 11.11.2025 is considered

wherein the complainant has alleged about forceful sexual

intercourse without consent of the complainant, there is a

delay of six days in lodging the FIR as the FIR came to be

lodged by the complainant on 17.11.2025. The complainant

had many opportunities to lodge the FIR, however, kept

silent which shows that there was consensual relationship

between the applicant and the complainant. The

complainant is major and married woman, who

understands consequences of the act and was aware of the

illicit relation that she was maintaining with the accused.

2194.25ABA

The husband of the complainant caught the complainant

and the accused on 15.11.2025 when they met on the

terrace of the house and hence the false FIR is lodged by the

complainant against the present applicant. The applicant is

a reputed person, having deep roots in the society and is

only a earning member of the family. There is no likelihood

that the applicant may flee away from the ends of justice

and the applicant is ready to abide by any conditions that

may be imposed by this Court. The learned counsel for the

applicant relied upon the judgments in the cases of Ganesh

Ramchandra Naik Vs. State of Maharashtra reported in

AIROnline 2022 Bom 2598, Madhav Krishna Vasave Vs.

State of Maharashtra reported in AIROnline 2021 Bom

4009, Amol Sambhaji Sonawane Vs. State of Maharashtra

reported in AIROnline 2021 Bom 2568, Hitesh Kantilal Gala

Vs. State of Maharashtra reported in AIROnline 2021 Bom

696, Mahesh Balkrishna Dandane Vs. The State of

Maharashtra reported in 2015 ALL MR (Cri) 2805, Sumit

Siddramappa Patil Vs. The State of Maharashtra and

another in Anticipatory Bail Application No.1618 of 2015,

2194.25ABA

decided on 10th March, 2016. The learned counsel further

relied upon the judgment of the Hon'ble Apex Court in the

case of Samadhan Sitatram Manmothe Vs. State of

Maharashtra and another in Criminal Appeal No.5001 of

2025 [arising out of Special Leave Petition (Crl.) No.6906

of 2025], decided on 24.11.2025.

5] As against this, the learned APP Mr. Patil

strongly opposes the present application on the ground that

the applicant has misused the photographs of the

complainant taken in his mobile phone and has threatened

the complainant to commit forceful sexual intercourse. The

applicant has also performed nominal marriage with the

complainant and obtained certificate issued by the

Premsukh Mangal Karyalaya, Alandi, Taluka Khed, District

Pune dated 11.02.2024. The applicant is alleged to have

abused and assaulted the complainant under the influence

of alcohol. The supplementary statement of the complainant

is also recorded wherein the complainant has stated that the

applicant had recorded the photographs and videos of the

2194.25ABA

complainant, which are stored in the hard disc. The

applicant has threatened the complainant to make the said

material viral on social media and to show it to her

husband, namely, Vrushabh Gaikwad and thereafter

committed forceful sexual intercourse upon the

complainant. The complainant has further stated that the

complainant has paid certain amounts to the applicant on

phonePe and google pay. However, getting scared of the

threats of the applicant, the complainant did not inform

anybody about the said acts of the applicant. The statement

of the husband of the complainant is also recorded which

corroborates the allegations in the first information report.

Thus, an offence under Section 64 (2) (j) and (m) of BNS is

clearly made out against the present applicant. Hence, the

applicant may not be released on anticipatory bail as the

offence is punishable with life imprisonment and the same

shall mean imprisonment for the remainder of life.

6] I have gone through the allegations made in the

FIR and the investigation papers made available by the

2194.25ABA

learned APP. Perusal of the first information report shows

various incidents span over from the year 2022 till

15.11.2025. The last incident of abuse and assault is made

against the present applicant on 15.11.2025 and as such

there is hardly any delay in lodging the FIR. It is also

common that the offences of rape are not immediately

lodged by the prosecutrix due to fear of defamation in the

society. Perusal of the investigation papers further show

that the applicant has purportedly performed the marriage

with the complainant on 11.02.2024 as revealed from the

certificate issued by the Premsukh Mangal Karyalaya,

Alandi, Taluka Khed, District Pune despite the complainant

being married woman. The applicant is alleged to have

threatened the complainant of showing said certificate to

her relatives and has committed forceful sexual intercourse

upon the complainant repeatedly.

7] The investigation papers further show that the

supplementary statement of the complainant recorded

during the course of investigation wherein the complainant

2194.25ABA

has stated about threats given by the complainant that

video recording and photographs of the complainant are

stored in the hard disc by the applicant and the same would

be made viral in the social media and also shown to her

husband Vrushabh Gaikwad and obtained money from the

complainant time to time on phonePe and google pay. The

investigation papers further show that the statement of the

husband of the complainant is recorded wherein the

husband has stated that the complainant was crying on

16.11.2025 at about 7.00 p.m. and upon enquiry the

complainant informed the forceful acts of the applicant to

her husband. The husband of the complainant had brought

her to the police station and lodged the FIR. The statement

of the friend of the complainant, namely, Abhilasha Kadlag

is also recorded wherein she states about phone call made

by the complainant on 16.11.2025 narrating sexual

harassment of the applicant against her. The said witness

has pacified the complainant and had given her strength to

lodge the FIR along with her husband against the applicant.

Thus, there is ample evidence collected by the Investigating

2194.25ABA

Officer, which substantiates the allegations made in the first

information report.

8] In so far as the judgments relied by the learned

counsel for the applicant are concerned, the aforesaid

judgments are mostly pertaining to false promise of

marriage and committing sexual intercourse upon the

complainants therein by the accused wherein FIRs were

sought to be quashed. In the present case, the applicant

though has initially established consensual relationship,

there are specific allegations of commission of rape against

the present applicant on 11.11.2025 at the house of the

complainant. Even thereafter on 15.11.2025, the applicant

is alleged to have attempted to strangulate the complainant

by pressing her neck. Thus, the case laws relied upon by the

learned counsel for the applicant may not apply in the facts

of the present case. The investigation in the present crime

is still on going and accused is absconding since the date of

incident. The alleged offence is serious in nature and crime

against the woman, which is punishable with imprisonment

for remainder of life.

2194.25ABA

9] If the applicant is released on bail, there is every

likelihood that the applicant may threaten the prosecutrix

or her family members and thereby cause prejudice to the

prosecution case. Thus, taking into consideration the gravity

of the offence and the offence alleged is punishable with

remainder of life, I am not inclined to exercise discretion in

favour of the applicant to release him on anticipatory bail.

Hence the present application is hereby rejected.

10] In view of dismissal of the Anticipatory Bail

Application, Criminal Application No.4907/2025 for

assisting to the P.P. also stands disposed of.

[MEHROZ K. PATHAN] JUDGE DDC