Bombay High Court
ROHAN CHINTAMANI SHINDEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- MADHAV JAMDAR
Holding
The court held that anticipatory bail is warranted and granted it subject to conditions.
Summary
The Bombay High Court entertained an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Rohan Chintamani Shinde, who was charged under Sections 69, 71 and 316 of the Bharatiya Nyaya Sanhita, 2023 for alleged false promise of marriage, repeated forcible sexual intercourse and financial fraud. The applicant contended that the relationship with the complainant was consensual, while the State argued that the applicant had deceived the complainant with a promise of marriage and subsequently committed multiple acts of sexual assault and monetary misappropriation. The court examined the FIR details, noting the seriousness of the allegations but also observing the absence of prior criminal antecedents and that custodial interrogation was not essential. Balancing the interests of justice and the applicant's right to liberty, the court concluded that the case was made out for grant of anticipatory bail, subject to stringent conditions. Accordingly, the applicant was released on bail upon furnishing a bond and sureties, and was directed to comply with various reporting and non‑interference conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS, 2023 in a case involving alleged offences under Sections 69, 71 and 316 BNS, 2023.
- Whether the alleged false promise of marriage and repeated sexual assaults constitute a serious offence that defeats bail.
- Whether custodial interrogation is necessary in the present circumstances.
- Whether imposing conditions on bail is appropriate to safeguard the investigation and the complainant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 316, 69, 71
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- false promise of marriage
- sexual assault
- bail conditions
- criminal procedure
Judgment
913 ABA 158.26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.158 OF 2026
Rohan Chintamani Shinde …Applicant
Versus
State of Maharashtra …Respondent
Mr. V.R. Kasle, Advocate for Applicant.
Mr. S.M. Mangaonkar, APP for the State.
PSI, Mr. Sanjay Apsatwar, Panvel City Police Station.present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 17th January 2026
P.C.:
1. Heard Mr. Kasle, learned Counsel appearing for the
Applicant and Mr. Mangaonkar, learned APP for the State.
2. By this application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant is seeking
pre-arrest bail in connection with C.R. No.764 of 2025 registered
with Panvel City Police Station, Navi Mumbai, for the offences
punishable under Sections 69, 71 and 316 of the Bharatiya Nyaya
Sanhita, 2023 (“BNS”).
3. It is the submission of the learned Counsel for the Applicant
that the relationship is consensual in nature.
Page 1 of 5
Dusane
913 ABA 158.26.DOC
4. On the other hand, Mr. Mangaonkar, learned APP strongly
opposes the Application. He submits that by false promise of
marriage, the Applicant has established sexual relations and
therefore the offence is serious.
5. The prosecution case is set out in paragraph Nos. 5 to 9 of
the Order dated 8th January 2026 passed by the learned Special
Judge, Panvel, District-Raigad in Criminal Bail Application No.
1057 of 2025, which reads as under :
“ 5. FIR is registered by victim herself. FIR shows that
victim is a teacher and as she was divorcee, she had
registered herself on Jeevansathi.com. On 4 ^ (th)
September 2025 on Jeevansathi.com, she received
request from applicant and both had shared their mobile
numbers. It was informed by applicant that he is in
construction business and he is also a divorcee. On next
day, victim along with her friend met applicant at Orion
Mall, Panvel and then they had gone at Alibaug where
they stayed for two days. That time applicant had
informed her that he intends to marry her and
consequently, he had told about same to sister & mother
of victim.
6. FIR further shows that both were talking on phone
and on 15 (th) September 2025 applicant had called
victim at Panvel as on that day it was his birthday. He
had booked a room in lodge and on that room, he
forcibly committed sexual intercourse with victim.
Thereafter, on 22 (nd) September 2025 both had gone
at Lonavala and on 23 (rd) September 2025, applicant
committed forcible sexual intercourse with victim on
lodge in which they had stayed. On next day then had
Page 2 of 5
Dusane
913 ABA 158.26.DOC
gone at Alibaug in the house of victim where applicant
again committed forcible sexual intercourse with her.
7. FIR further shows that on 30 (th) September
2025, both had gone at Alibaug and stayed there till 2 nd
October 2025 and during that period, applicant
committed forcible sexual intercourse with her. On 6 th
October 2025, when victim insisted applicant to meet
her parents for marriage talks, he said that his cousin
has met with an accident and thereafter, when victim
was frequently insisting for marriage, he blocked her
mobile number, WhatsApp, Facebook & Instagram. After
two days, he called her and abused her as she refused to
give money.
8. FIR further shows that on 23rd October 2025,
victim had met applicant and that time, applicant had
taken online loan of Rs.11,000/- on Front App from
mobile phone of victim and he had withdrawn that
amount from bank account of victim. He had told her
that for further 3 months, he is not able to marry as his
cousin has expired. Thereafter, he had blocked her
mobile number. On 11th December 2025 he had called
victim to watch movie and in cinema hall, he
misbehaved with her. He forced her to left cinema hall
and when victim had gone at home, she noticed that her
gold chain is missing therefore, she had called police
and search of chain was taken in the cinema hall but
chain was not found but only gold pendant was found.
9. FIR further shows that when she had called
applicant in the police station about missing chain, he
refused to come there Thereafter, she had gone on
address of applicant and there she came to know that
before 3 months applicant has performed marriage with
another lady and before that, he had taken divorce from
his first wife. She came to know that she is being
cheated on pretext of marriage and by false promise of
marriage applicant committed sexual intercourse with
her therefore, FIR is registered.”
Page 3 of 5
Dusane
913 ABA 158.26.DOC
6. There is substance in the contention that the relationship is
of consensual and however, prima facie, the First Informant kept
sexual relationship with the Applicant as the Applicant has assured
that he would marry the First Informant. However, in the facts and
circumstances, custodial interrogation is not necessary. There are
no antecedents.
7. Accordingly, case is made out for grant of anticipatory bail.
Hence, following Order is passed:
ORDER
(i) In the event of arrest, the Applicant - Rohan
Chintamani Shinde be released on bail in C.R. No.764
of 2025 registered with Panvel City Police Station,
Navi Mumbai, on executing P.R. bond of Rs.1,00,000/-
and furnishing one or two solvent sureties in the like
amount.
(ii) The Applicant shall attend the concerned Police
Station on 22nd January 2026 and 23rd January 2026
between 11.00 a.m. to 2.00 p.m. and thereafter on
every Sunday between 1.00 a.m. to 2.00 p.m. and
shall co-operate with the investigation.
Page 4 of 5
Dusane
913 ABA 158.26.DOC
(iii) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
(iv) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(v) The Applicant shall not leave India without prior
permission of the Court.
(vi) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant, or any witness, in any manner.
8. The Anticipatory Bail Application is allowed and disposed of
accordingly.
(MADHAV J. JAMDAR, J.)
Page 5 of 5
Dusane
Checking your session…