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Bombay High Court

ANIKET ARUN PARIHARversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court confirmed the interim protection and allowed anticipatory bail, subject to the applicant’s cooperation with the investigation.

Summary

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR alleging sexual intercourse with a woman under a false promise of marriage, invoking Sections 115(2), 352 and 69 of the Bharatiya Nyaya Sanhita, 2023. The applicant contended that the relationship was consensual, that they were in a live‑in relationship, and that the complaint stemmed from a domestic dispute, emphasizing his clean criminal record and compliance with an earlier interim protection order dated 24 June 2026. The State argued that the FIR contained specific allegations and that custodial interrogation was necessary as the investigation was incomplete. The Court examined the FIR, noted the lack of recent grievance by the complainant, the consensual nature of the alleged relations, and the applicant's cooperation, concluding there was no risk of flight or evidence tampering. Consequently, the Court confirmed the interim protection and granted anticipatory bail, subject to the condition of continued cooperation with the investigation.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 BNSS despite allegations of sexual intercourse under false promise of marriage.
  • Whether the FIR allegations constitute offences under Sections 115(2), 352 and 69 BNS.
  • Whether the applicant poses a flight risk or a risk of tampering with evidence.
  • Whether the interim protection order previously granted should be confirmed.

Legislation cited

Subjects

  • anticipatory bail
  • false promise of marriage
  • live-in relationship
  • consensual relations
  • interim protection
  • investigation cooperation
  • criminal antecedents

Judgment

                                                    1-ABA-1528-2026.ODT




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
       ANTICIPATORY BAIL APPLICATION NO. 1528 OF 2026
Mr. Aniket Arun Parihar                               …Applicant
      Versus
The State of Maharashtra                              …Respondent


Adv. Milan Desai, for the Applicant.
Mr. Ashok S. Gawai, A.P. P., for the Respondent – State.
PSI – Kisanrao Ghadge, Gorai Police Station, Mumbai, is present.


                     CORAM :           PRAFULLA S. KHUBALKAR, J.
                     DATE         :     28TH SEPTEMBER 2026
PC:-

1.     Heard learned counsel for applicant as well as learned

APP for respondent – State.


2.     The applicant has filed the instant application under

Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for

short, “BNSS”) seeking pre-arrest bail in Crime No. 93 of 2026

dated 06.05.2026, registered with Gorai              Police Station,

Brihanmumbai, for the offence punishable under Sections

115(2), 352 and 69 of Bharatiya Nyaya Sanhita, 2023 (for

short, “BNS”).




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3.    The FIR came to be registered on the basis of report

lodged by complainant alleging that from 16th February 2023 till

11th April 2026, the applicant had engaged into sexual

intercourse with her by making false promise of marriage. She

had alleged that the accused has promised her about marriage

and on that pretext, he has repeatedly engaged into establishing

physical relations and in view of his refusal to perform marriage,

the offence came to be registered.


4.    Learned counsel for applicant states that according to the

allegations made in the complaint, the applicant and victim

were having consensual relations since 2023 and they were in

live-in relationship since last few years. He submits that the

offence is registered only because of certain disputes which

occurred on account of applicant failing to get A.C. repaired at

their house and there is nothing to indicate the offence of rape

by the applicant. He also states that in accordance with the

interim protection granted to this applicant by order dated 24th

June 2026 he has extended co-operation during investigation.

He also submitted that the charge-sheet is already filed and the




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applicant has no criminal antecedents and therefore, prays for

confirmation of the interim protection.


5.    The learned APP for respondent – State opposed the

application by stating that there are specific allegations in the

First Information Report showing commission of offence. It is

submitted that since investigation is not yet completed,

custodial interrogation of this applicant is necessary for

investigation.

6.    Perused the FIR and documents filed on record. The

allegations in the FIR are about establishing relations on

account of false promise to marry. However, in view of the fact

that the complainant and applicant were undisputedly living in

live-in-relationship, the same was prima facie, consensual in

nature. Pertinent to note, the complainant has not raised any

grievance for two years. It is crucial to note that considering the

nature of offence, this court has earlier granted interim

protection to this applicant by order dated 24 th June 2026 and

there is nothing to show that this applicant has misused the

liberty. Further, there are no criminal antecedents against this

applicant and there is nothing to show that he would flee away.



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Considering the fact that chargesheet has been filed and the

applicant has attended the police station in accordance with

interim protection granted by this Court, same needs to be

confirmed.


7.          In view of the above, the interim protection granted by

order dated 24th June 2026 is confirmed subject to the condition

that the applicant shall extend cooperation during investigation

and trial and shall attend the investigating agency as and when

called upon.


8.          Accordingly, the Anticipatory Bail Application is allowed

and disposed of.




                                           (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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