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Bombay High Court

ROHAN CHINTAMANI SHINDEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

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

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.




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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




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         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.”




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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.




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         (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.)




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