Bombay High Court

ANIL HARISHCHANDRA GAIKWADversusSTATE OF MAHARASHTRA AND ANR

Decided: 17 January 2026
Disposal: Allowed
Bench: N R BORKAR

Holding

The court allowed the anticipatory bail application with specific conditions.

Summary

The applicant sought anticipatory bail fearing arrest in Crime No. 120 of 2023, which involves offences under Sections 354, 354-D, 323, 504, 506, 376 and 376(2)(n) of the Indian Penal Code. The prosecution alleged that over four years the applicant, under threat, had forced the victim into sexual intercourse and outraged her modesty, while the applicant claimed the allegations were false and arose from a family dispute, noting that the FIR initially mentioned only outraging modesty and the sexual intercourse charge appeared in a supplementary statement. The court observed a prima facie possibility of false implication due to the family dispute and noted that a chargesheet had already been filed. Balancing the seriousness of the offences with the potential for false implication, the court granted anticipatory bail subject to conditions, including a personal bond, sureties, restriction from entering Thane district except for court appearances, prohibition on contacting the victim, and a ban on tampering with evidence. The order disposes of the anticipatory bail application on these terms.

Issues considered

Whether anticipatory bail should be granted in a case involving serious offences under the IPC such as sexual assault and criminal intimidation
Whether the filing of a chargesheet precludes the grant of anticipatory bail
Whether the possibility of false implication arising from a family dispute warrants bail

Legislation cited

Indian Penal Code, 1860 — s. 323, 354, 354-D, 376, 376(2)(n), 504, 506

Subjects

anticipatory bail
sexual assault
IPC
bail conditions
false implication
criminal procedure

Judgment

1 917-ABA 1259-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1259 OF 2025

Anil Harishchandra Gaikwad … Applicant
V/s.
State of Maharashtra & Anr. … Respondents
-----
Mr. Jyotiram S. Yadav for the Applicant.
Mr. P. H. Gaikwad, APP for Respondent No.1-State.
Ms. Deepali Bagla for Respondent No.2.
PSI Prakash B. Avhad, Tokawade PS, Thane (R)is present.
-----

CORAM : N.R. BORKAR, J.
DATE : 17TH JANUARY 2026
P.C. :
Digitally
signed by
MUGDHA
MUGDHA MANOJ
MANOJ PARANJAPE 1. This is an Application for anticipatory bail.
PARANJAPE Date:
2026.01.26
16:36:16
+0530

2. The Applicant is apprehending his arrest in Crime No. 120 of 2023
registered with Tokawade Police Station for the offences punishable under
Sections 354, 354-D, 323, 504, 506, 376, 376(2)(n) of the Indian Penal
Code.

3. It is the case of the prosecution that since last four years, the
Applicant had, under threat, subjected the victim to forcible sexual
intercourse. There are allegations of outraging her modesty also.

4. I have heard Learned Counsel for the Applicant, Learned APP for
Respondent No.1-State and Learned Counsel for Respondent No.2-victim.

Mugdha 1 of 3
2 917-ABA 1259-25.doc

5. Learned Counsel for the Applicant submits that due to dispute
between the families of the Applicant and the victim, false and
afterthought allegations are made against the Applicant in relation to the
alleged forcible sexual intercourse. It is submitted that no allegations in
relation to alleged forcible sexual intercourse were made at the time of
lodging of the FIR. It is submitted that the prosecution has already filed
chargesheet against the present Applicant and thus there is no need of
custodial interrogation.

6. On the other hand, Learned APP for Respondent No.1-State and
Learned Counsel for Respondent No.2-victim submit that even after
registration of the crime, the victim was threatened. It is submitted that
considering the nature of crime, the Applicant may not be released on
anticipatory bail.

7. I have perused the FIR. At the time of lodging of FIR only
allegations in relation to outraging the modesty were made. The
allegations in relation to alleged forcible sexual intercourse came to be
made in the supplementary statement recorded on the next day of lodging
of the FIR. There appears to be dispute between the families of the
Applicant and the victim and therefore prima-facie the possibility of false
implication can not be ruled out. The prosecution has already filed the
chargesheet. Considering the overall facts and circumstances of the case, I
am inclined to release the Applicant on anticipatory bail on certain
conditions. Hence, the following order:-

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3 917-ABA 1259-25.doc

ORDER

i. The Anticipatory Bail Application is allowed.

ii. In the event of the arrest of the Applicant in Crime No. 120 of
2023 registered with Tokawade Police Station for the offences
punishable under Sections 354, 354-D, 323, 504, 506, 376,
376(2)(n) of the Indian Penal Code, he shall be released on
bail on furnishing a PR Bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) with one or two sureties
in the like amount.

iii. The Applicant shall not enter into the limits of Thane District,
except to attend the dates before the trial court till conclusion
of the trial.

iv. The Applicant shall not contact the victim and shall not
tamper with the prosecution evidence.

8. The Anticipatory Bail Application is disposed of in the aforesaid
terms.
(N.R. BORKAR, J.)

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