Bombay High Court
BALU APPASAHEB KALE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The court confirmed the interim anticipatory bail orders, allowing the applications except for clause ‘A’.
Summary
The applicants sought anticipatory bail fearing arrest in connection with FIR No. 529/2025 alleging rape under Sections 70(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. They contended that the informant habitually files false complaints, citing several prior FIRs and an agreement dated 14‑08‑2025 between the informant and the applicant’s wife. The State opposed the bail, relying on the allegations in the FIR. The court, after a prima facie review, found merit in the applicants' claim of the informant’s pattern of false reporting and noted that the applicants were already under interim bail orders dated 17‑12‑2025 and 23‑12‑2025, with no prosecution grievance. Consequently, the court confirmed the interim anticipatory bail orders, except for clause ‘A’, and allowed the applications.
Issues considered
- Whether anticipatory bail should be granted to the applicants despite the rape allegations in the FIR
- Whether the informant’s alleged habit of filing false complaints warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 70(1)
Subjects
- anticipatory bail
- rape
- false FIR
- Bharatiya Nyaya Sanhita
- interim relief
- habitual complainant
Judgment
2026:BHC-AUG:41532
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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