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Bombay High Court

RAHUL RAGHUNATH GHOGAREversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The court confirmed the anticipatory bail order, granting the applicant release on bond with sureties and directing cooperation with the police.

Summary

The applicant, Rahul R. Ghogare, sought anticipatory bail in a case (Cr. No. 772 of 2025) alleging outraging the modesty of a female informant, with the prosecution alleging an extra‑marital relationship supported by call detail records. The trial court, after hearing counsel, ordered that if arrested the applicant be released on bail upon furnishing a personal bond of Rs 20,000 with one or two sureties and to cooperate with the police. The applicant appeared before the investigating officer and cooperated, after which the investigation was completed and a charge‑sheet (R.C.C. No. 143 of 2026) was filed before the Judicial Magistrate. The State, through its counsel, accepted the applicant’s cooperation and sought confirmation of the bail order. The High Court confirmed the earlier order as absolute, thereby disposing of the anticipatory bail application in the applicant’s favour.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting anticipatory bail where the allegations involve outraging modesty and an alleged extra‑marital relationship?
  • Whether the applicant’s cooperation with the investigation and the filing of a charge‑sheet affect the continuance of the anticipatory bail order?

Subjects

  • anticipatory bail
  • outraging modesty
  • personal bond
  • sureties
  • cooperation with investigation
  • charge sheet

Judgment

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                                                                              39- ABA-2428-2025 (CR).DOC


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

                                             CRIMINAL APPELLATE JURISDICTION

                                     ANTICIPATORY BAIL APPLICATION NO.2428 OF 2025

                         Rahul Raghunath Ghogare                                  ….Applicant
                               VERSUS
                         The State Of Maharashtra and Anr.                        ....Respondents

                         _________________________________________________________________


                         Ms. Rekha Musale, for Applicant.
                         Ms. Shubhangi N. Deshmukh, A.P.P., for Respondent No.1 - State.
                         API, Mr. Dilip Vishnu Dhere, Karmala Police Station, present.
                         _________________________________________________________________



                                             CORAM       :   ASHWIN D. BHOBE, J.
                                             DATE        :   22nd SEPTEMBER, 2026.
SHANTANU                 P.C.
SHANKARSA
DHUDUM
Digitally signed by
SHANTANU
SHANKARSA DHUDUM         1.           Ms. Rekha Musale, learned Advocate for the Applicant and Ms.
Date: 2026.09.22
20:19:18 +0530



                         Shubhnagi N. Deshmukh, learned A.P.P. for Respondent No.1 - State.


                         2.          On 7th November 2025, the following order was passed:


                                “1. Heard learned counsel for the applicant and learned APP
                                     for the Respondent-State.
                                2. Issue notice to the respondents returnable on 19 th November,
                                     2025.
                                3. Learned APP waives service of notice on behalf of the
                                     respondent-State.
                                4. Learned counsel for the applicant submits that there was
                                     extra marital relationship between the applicant and first
                Shantanu S. Dhudum
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                                                                39- ABA-2428-2025 (CR).DOC


                     informant. The CDR between the applicant and first
                     informant supports the applicant’s case. Hence, requested
                     for interim protection.
                5. Learned APP seeks time to take instructions.
                6. It appears from the call details produced on record that
                     there was conversation between the applicant and first
                     informant for several occasions. The allegations against the
                     applicant are of outraging the modesty of the first
                     informant. As CDR shows that there was relationship
                     between the applicant and first informant, I pass the
                     following order.
                                               ORDER
                I. In the event of arrest of applicant in C.R. No.772 of 2025
                     registered with Karmala Police Station, Dist- Solapur, be
                     enlarged on bail on furnishing P.R. Bond in the sum of Rs.
                     20,000/- with one or two sureties in the like amount.
                II. The applicant shall attend the concerned police station as
                     and when required.”



         3.           Ms. Rekha Musale, learned Advocate for the Applicant, states

         that the Applicant has appeared before the Investigating Officer and has

         cooperated with the investigation in Crime No.772 of 2025. She states that

         the Applicant shall appear before the Investigating Officer as and when

         required and cooperate with the investigation.


         4.           Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent No.1

         – State, on instructions from the Investigating Officer in Crime No.772 of

         2025, states that the Applicant has cooperated with the investigation. In


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                                                               39- ABA-2428-2025 (CR).DOC


         view of such cooperation, the investigation in Crime No.772 of 2025 is

         complete and the charge-sheet has been filed. She states that the charge-

         sheet is registered as R.C.C. No.143 of 2026 and is pending before the

         Court of the Judicial Magistrate First Class, Karmala, District Solapur.


         5.          In view of the statement made by Ms. Shubhangi N. Deshmukh,

         learned A.P.P. for Respondent No.1 – State, the order dated 7th November

         2025 is hereby confirmed and made absolute in terms of paragraph Nos.6

         (I) and (II).


         6.          Criminal Anticipatory Bail Application No.2428 of 2025 is

         disposed of.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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