Bombay High Court
APPASAHEB BAPURAO KALEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The court confirmed the interim anticipatory bail orders, finding no justification to deny relief.
Summary
The applicants sought anticipatory bail fearing arrest in a rape case (CR No. 529/2025) under Sections 70(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR was lodged by an informant who, according to the applicants, habitually files similar false complaints, as evidenced by multiple prior FIRs and an agreement dated 14.08.2025 between the informant and the applicant's wife. The court noted that the applicants were already protected by interim bail orders dated 17.12.2025 and 23.12.2025, requiring them to appear before the investigating officer weekly, and that the prosecution raised no grievance about their cooperation. Finding merit in the claim of the informant's mala fide conduct and no justification to deny bail, the court confirmed the interim anticipatory bail orders, except for clause ‘A’. Consequently, the applications for anticipatory bail were allowed.
Issues considered
- Whether anticipatory bail should be granted to the applicants despite the FIR alleging rape.
- Whether the informant's alleged habit of filing false complaints negates the substance of the allegations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 70(1)
Subjects
- anticipatory bail
- rape
- false FIR
- Bharatiya Nyaya Sanhita
- interim relief
- criminal procedure
Judgment
2026:BHC-AUG:41531
999-ABA-2192-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
999 ANTICIPATORY BAIL APPLICATION NO. 2192 OF 2025
Appasaheb Bapurao Kale
VERSUS
The State Of Maharashtra And Another
WITH ANTICIPATORY BAIL APPLICATION NO. 2270 OF 2025
1. Balu Appasaheb Kale
2. Aajinath Bapurao Kale
3. Sham @ Shamraje Ajinath Kale
VERSUS
The State Of Maharashtra And Another
Mr. S. E. Shekade, Advocate for Applicants
Mr. S. P. Joshi, APP for Respondents/State
CORAM :R.M. JOSHI, J
DATE :SEPTEMBER 08, 2026
P. C. :
1. Applicants apprehend arrest in connection with C.R. No.
529/2025 registered with Police Station Ashti, District Beed for the offences
punishable under Sections 70(1) read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
2. In first information report it si alleged against Applicants that
Applicants have committed rape on the informant/victim.
3. Learned Counsel for the Applicants submits that informant is in
habit of lodging first information reports alleging similar allegations against
various persons. He has referred offences registered vide Crime Nos.
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999-ABA-2192-2025.odt
368/2022, 292/2021, 15/2024, 16/2025 and 105/2023 with Ashti Police
Station. He also made reference to agreement dated 14.08.2025 between
informant and wife of the Applicant. It is his contention that having regard
to these facts, there is no substance in the allegations.
4. Learned APP opposed applications by pointing out allegations
against Applicants in the first information report.
5. On prima facie perusal of the record, this Court finds substance
in the contention of learned Counsel for the Applicants that the Informant is
in habit of lodging similar reports. The agreement entered into between the
informant and her daughter further supports the said submissions.
Applicants are protected by order dated 17.12.2025 & 23.12.2025 and were
directed to appear before investigating officer on every Saturday between
12.00 noon and 02.00 pm. There is no grievance made by the prosecution
with regard to non-cooperation of the Applicants in the investigation. This
Court, therefore, finds no justification not to confirm the interim relief. In
view of this, Applications stand allowed by confirming interim orders dated
17.12.2025 & 23.12.2025 except clause ‘A’.
(R. M. JOSHI, J.)
Malani
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