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Bombay High Court

AMAR APPASO SURYAWANSHIversusSTATE OF MAHARASHTRA ANED ANR

Disposal
Allowed

Holding

The High Court confirmed and made absolute the interim bail order, granting anticipatory bail to the applicant.

Summary

The applicant, Amar Appaso Suryawanshi, was charged under Sections 376(2)(n), 506 read with 34 of the IPC, and Sections 3 and 25 of the Arms Act for alleged sexual assault and intimidation. He sought anticipatory bail under Section 438 of the CrPC after the Sessions Judge rejected his earlier bail application. The High Court examined the FIR, the applicant's cooperation with the investigation, and the fact that he had been released on interim bail since June 2023 without any breach of conditions. The court noted that the investigation was complete and the case was pending trial, and that the applicant had complied with all bail conditions. Consequently, the court confirmed and made absolute the interim bail order, granting anticipatory bail. The application was therefore disposed, leaving the applicant on bail pending trial.

Issues considered

  • Whether anticipatory bail should be granted to the applicant despite the seriousness of the offences alleged under the IPC and Arms Act
  • Whether the applicant's cooperation with the investigation and compliance with interim bail conditions justify confirming bail
  • Whether any further custodial interrogation is necessary for the respondent No.2

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • criminal intimidation
  • Arms Act
  • cooperation with investigation
  • bail conditions
  • legal aid

Judgment

                                                           910-ABA-1594-2023 (CR).docx


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                     CRIMINAL APPELLATE JURISDICTION

              CR. ANTICIPATORY BAIL APPLN. NO. 1594 OF 2023

Amar Appaso Suryawanshi                                    …...Applicant
                      Versus.
State of Maharashtra & Anr.                                …...Respondents


                                       -----
Mr. Umesh R. Mankapure a/w. Benazir Jamadar a/w. Siyal Magdum for
Applicant.
Mr. S.S. Chaudhari, A.P.P. for the Respondent No.1.
Ms. Sanika P. Deshmukh, Appointed Advocate, for the Respondent No.2.
(Appointed under Legal Aid vide order date 29/09/2026) .
                                        -------

                                    Coram :       ASHWIN D. BHOBE, J.

                                    Date      :   30th September 2026.

PER COURT :


1.     Heard, Mr. Umesh R. Mankapure, learned Advocate for the Applicant,

Mr. Chaudhari, learned A.P.P. for the Respondent No.1-State and Ms. Sanika

Deshmukh, learned Advocate for the Respondent No.2.


2.     On 6th June 2023, the following order was passed :

       “1.    This is an application under Section 438 of the Criminal Procedure
              Code, 1973 in connection with C.R. No.87 of 2023 registered with
              Atpadi Police Station, District Sangli for offences punishable under


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           Sections 376(2) (n), 506 read with 34 the Indian Penal Code,
           18660 and Sections 3 and 25 of the Arms Act, 1959.

      2.   The case of the prosecution is that after the death of grandmother
           of the victim in 2022, the applicant frequently visited her. He
           being distant relative, they established contact through cell phone.
           One year prior the the registration of the first information report,
           the applicant and victim went to Mahabaleshwar and stayed at a
           hotel. The victim refused to have sexual intercourse with the
           applicant as there was no marriage. Two months before the
           registration of the first information report, the applicant had
           forcible sexual intercourse with the applicant under the threat of a
           pistol, but thereafter there were continuous sexual intercourse
           with the victim. According to the prosecution, under the threat of
           committing suicide by writing her name in the suicide note, she
           was forced to perform sexual intercourse with the applicant.
           Thereafter, in the month of May 2022 the applicant forced himself
           on the victim for sexual intercourse under the threat of pistol. It is
           also alleged that the applicant had nude video and photographs of
           the victim which was sent to the relatives of the victim. Ultimately,
           on refusal to perform marriage, she registered first information
           report against the applicant.

      3.   The application under Section 438 filed before the learned
           Sessions Judge, Sangli has been rejected. Aggrieved thereby, the
           applicant has filed present anticipatory bail application.

      4.   Learned advocate for the applicant invited my attention to the first
           information report bearing No.79 of 2023 registered on 8 March
           2023 against the victim alleging that she promised to perform
           marriage with the applicant. In furtherance of their relationship,
           the victim accepted valuable goods and amounts from the


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           applicant and refused to return them. She also refused to perform
           marriage.

      5.   Learned APP states that the investigating officer is not present and
           she seeks time to take instructions.

      6.   On perusal of the first information report lodged by the applicant
           and on consideration of the allegations in the first information
           report lodged by the victim, it appears that there are multiple
           incidents of sexual intercourse. At this stage, if the report of the
           victim is considered in the light of report lodged by the applicant
           one week prior to the victim's report, it appears that subject to
           further investigation, the applicant has made out a case for grant
           of interim protection. Hence, following order:

           a) In the event of arrest of the applicant in connection with C.R.
                 No.87 of 2023 registered with Atpadi Police Station, District
                 Sangli for offences punishable under Sections 376(2)(n),
                 506 read with 34 the Indian Penal Code, 1860 and Sections
                 3 and 25 of the Arms Act, 1959, the applicant shall be
                 released on bail on furnishing P.R. Bond in the amount of
                 Rs.25,000/- along with one or two sureties in the like
                 amount;

           b) The applicant shall remain present before the concerned
                 investigating officer on 12, 14 and 16 June 2023 between
                 11.00 a.m. to 1.00 p.m. and thereafter as and when called
                 by the investigating officer;

           c) The applicant shall not obstruct or hamper the police
                 investigation and not to play mischief with the evidence
                 collected or yet to be collected by the police;




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       7. The applicant shall be at liberty to apply for pre-arrest before the
            learned Sessions Judge, Sangli for offences punishable under
            Section 66(e) of the Information and Technology Act, 2005, which
            application shall be decided by the learned Sessions Judge on its
            own merits uninfluenced by the observations made in this order.

       8.   Issue notice to the respondent no.2, returnable on 3 July 2023.

       9.   The respondent no.1 shall endeavour to serve a copy of the
            present anticipatory bail application on the respondent no.2
            before the returnable date.”



3.    Mr. Umesh Mankapure, learned Advocate for the Applicant, states that

the Applicant has appeared before the Investigating Officer and has

cooperated with the investigation in Crime No. 87 of 2023. Upon completion

of the investigation, the Police have filed the charge-sheet before the Sessions

Court, Vita, District Sangli, which is registered as Sessions Case No. 453 of

2024. He further submits that charges have been framed in Sessions Case No.

453 of 2024 and that the matter is now posted for trial. He further submits

that the Applicant regularly appears before the Sessions Court, Vita.


4.    Mr. S. S. Chaudhari, learned A.P.P. for Respondent No. 1-State, on

instructions from the Investigating Officer, states that the Applicant has

appeared and cooperated with the investigation in Crime No. 87 of 2023. He

further submits that the investigation is complete and that the matter is now

before the Sessions Court at Vita for trial in Sessions Case No. 453 of 2024.


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                         5.    Ms. Sanika Deshmukh, learned Advocate for Respondent No.2, submits

                         that the allegations in the F.I.R. indicate that the relationship between the

                         Applicant and Respondent No.2 was not consensual. She therefore submits

                         that custodial interrogation of the Applicant is required.


                         6.    Considering the statements made by Mr. Umesh Mankapure, learned

                         Advocate for the Applicant and Mr. Chaudhari, learned A.P.P. for the

                         Respondent No.1-State, that the Applicant has cooperated in the investigation

                         of Crime No.87 of 2023 and Sessions Case No. 453 of 2024 is now pending

                         before the Sessions Court, at Vita, for trial, further the Applicant has been on

                         ad-interim bail since June 2023, with no allegation that the Applicant has

                         committed any breach of the bail conditions, the order dated 6 th June 2023 is

                         confirmed and made absolute in terms of paragraph 6(a) and (c) thereof.


                         7.    Advocate Ms. Sanika Deshmukh, appointed under the Legal Aid

                         Scheme, has appeared in this Application as Advocate for Respondent No. 2.

                         Accordingly, the Bombay High Court Legal Services Committee, Kolhapur

                         Circuit Bench, shall quantify and pay the fees of Advocate Ms. Sanika

                         Deshmukh as per the Legal Aid Scheme.


                         8.    The Anticipatory Bail Application No.1594 of 2023 is disposed.

           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.10.01
           10:40:44
                                                               [ ASHWIN D. BHOBE, J. ]
           +0530




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