YASH ANKUSH PANDITversusSTATE OF MAHARASHTRA

                                                     918-ABA-1622-2026.ODT




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
          ANTICIPATORY BAIL APPLICATION NO. 1622 OF 2026
Yash Ankush Pandit                                       …Applicant
      Versus
State of Maharashtra and Anr.                            …Respondents


Adv. Ritik Gupta a/w Adv. Ganesh Gupta, Adv. Sahil Ghorpade,
Adv. Surya P. Gupta, Adv. Priyanka Rathod, Adv. Tushar Gaikwad,
and Adv. Shivkumar Singh Bais i/b G.G. Legal Associates, for the
Applicant.
Mr Ashok Gawai, A.P. P., for the Respondent – State.

Adv. (Ms.) Jhanvai S. Karnik, for the Respondent No.2.

PSI – Prashant More, Vishnunagar Police Station, Thane City,
is present.


                       CORAM :           PRAFULLA S. KHUBALKAR, J.
                       DATE         :     8TH October 2026
P. C.:-


1.        Heard learned counsel for applicant as well as learned

APP for the respondent – State and counsel for respondent no.2.

2.        The applicant has filed the instant application under

Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023

(for short, “BNSS”) seeking pre-arrest bail in Crime No. 171 of

2026 dated 08.06.2026, registered with Vishnunagar Police

Station, Thane City, for the offence punishable under Section 69

of the Bharatiya Nyaya Sanhita, 2023 (BNS).




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

lodged by complainant alleging that from December-2023 till

year-2025, the accused had engaged into sexual intercourse

with her by making false promise of marriage. The complainant

had alleged that the accused has promised her about marriage

and on that pretext, he has repeatedly established sexual

relations however, in January 2026 he refused to marry her. In

view of his refusal to perform marriage, the report came to be

lodged and offence came to be registered.

4.    Learned counsel for applicant states that in view of the

allegations made in the complaint, the applicant and victim

were having consensual relations since 2023. He submits that

for two years, the complainant voluntarily established relations

with her and did not raise any complaint. He also states that

there are no criminal antecedents against this applicant and in

accordance with the interim protection granted to this applicant

by order dated 7th July 2026, he has extended co-operation

during investigation and since chargesheet is filed, prays for

confirmation of the interim protection.

5.    The learned APP for respondent-State as well as counsel

for respondent no.2 opposed the application by stating that

there are allegations about repeated sexual relations on promise

of marriage. It is submitted that the consent was given by the



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complainant on promise of marriage and considering nature of

offence, custodial interrogation of this applicant is necessary for

investigation. Learned APP does not dispute that chargesheet is

filed.

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. It has to be noted that the

complainant had not raised any grievance since December-2023

and on the first instance when the relations were established

both of them had expressed desire to get married. There is

nothing to show any deceitful conduct since inception. The

relations for two years appears consensual. It is pertinent to

note that there are no criminal antecedents against this

applicant and 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.       Accordingly, the interim protection order dated 7 th July

2026 granted earlier is confirmed subject to modifications to

condition about attendance with a direction that the applicant

shall attend the police station as and when called upon by

investigating agency as mentioned in the interim order. The




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applicant is also directed to intimate his Aadhar number and

address to the Investigation Officer.


8.          Accordingly, the Anticipatory Bail Application is allowed

and disposed of.



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




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