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Bombay High Court

SHESHANATH ISHWARCHAND GUPTAversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

Anticipatory bail is granted to the applicant subject to a personal bond, surety and conditions of cooperation.

Summary

The applicant, Sheshanath Ishwarchand Gupta, sought anticipatory bail in connection with FIR No. 668 of 2024 alleging rape under Section 376(2)(n) of the IPC, based on a claim that he had a false promise of marriage and engaged in consensual relations with the complainant from 2019 to 2023. The applicant argued that the relationship was consensual, he had cooperated with the investigation, and an interim protection order had already been granted. The respondent contended that the allegations involved a false promise of marriage and that the seriousness of the offence warranted denial of bail. The court examined the FIR and found that the alleged relations appeared consensual and there was no indication of non‑consensual intercourse, and noted that the applicant had not misused the interim protection. Consequently, the court confirmed the interim protection and allowed anticipatory bail, subject to a personal bond of Rs. 25,000, a surety of equal amount, and conditions of cooperation with the investigating agency.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged rape under Section 376(2)(n) where the alleged act may have been consensual
  • Whether the applicant has misused the interim protection previously granted
  • Whether the investigation’s progress and pending quashing petition affect the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • false promise of marriage
  • consent
  • Section 376(2)(n)
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions

Judgment

                                                                   1-ABA-3039-2024.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 3039 OF 2024


            Sheshanath Ishwarchand Gupta                            ...Applicant
                       V/s.
            State of Maharashtra and Anr.                           ...Respondents


            Mr. Bharat Manghani a/w Ms. Drushti Gala, Mr. Durren Kaskar, Mr.
            Paresh Joshi, for the Applicant.
            Mr. Bapu V. Holambe Patil, APP for the Respondent – State.
            Mr. Manish Hajare, PSI, Borivali Police Station is present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 30th SEPTEMBER, 2026.

            P.C. :-

            1.           Heard the learned counsel for applicant as well as learned

            APP for respondent.

            2.           The applicant has filed the instant application seeking

            pre-arrest bail in connection with FIR No. 668 of 2024 registered with

            the Borivali Police Station for offence punishable under Section

            376(2)(n) of Indian Penal Code.

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

            lodged by the complainant alleging that from July/August 2019 till

            December 2023, the applicant had established sexual relations with


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her on the pretext of a false promise of marriage. It is alleged that the

complainant and the applicant were knowing each other being

distinctly related and both had desired to get married and on the

promise of the applicant that they would perform marriage, the

complainant had consented for establishing physical relations. It is

alleged that, however, in January 2024, the applicant refused to

maintain any contact with the complainant and even the parents of

the applicant refused to accept her as their daughter-in-law and in

view of this, the complainant lodged the report against the applicant.

4.         The learned counsel for applicant submits at the outset

that the offence is registered against this applicant and his name is

mentioned as Rohit Ishwar Gupta, since he is also known by name

‘Rohit’. He submits that although the offence is registered, there were

consensual relations since 2019, as the complainant and applicant

were having love affair and the applicant has genuinely desired, at the

relevant time, to get married with the complainant. He therefore

submits that the only because the relations turn sour, the allegations

are made and the offence is registered.

5.         He also submits that, considering merits of the matter, this

court had already granted interim protection in favour of the applicant

by order dated 13th June 2025 and thereafter the applicant has

extended cooperation to the Investigating Agency and also appeared

for his medical examination. He therefore submits that there is no

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misuse of the liberty granted and therefore prays for confirmation of

the interim protection.

6.         As against this the learned APP for the respondent opposed

the application and submitted that there are specific allegations in the

FIR about false promise of the marriage by the applicant and

considering the seriousness of the offence, the application is opposed.

The learned APP also submits that the investigation in this matter is

almost complete however, the charge-sheet is not filed in view of

order passed by this court in a quashing petition filed by the applicant

bearing C.R. No. 1837 of 2024.

7.         On perusal of the FIR and the documents placed on record,

it appears that the complainant and the applicant were knowing each

other since they were distinctly related and were involved in a love

affair. On the basis of the allegations in FIR, it appears that since July

2019 had engaged in consensual relations on several occasions. It

appears that the complainant has voluntarily accompanied the

applicant at several places and both of them had desired that they

would get married. As such, it prima facie appears that the relations in

between the applicant and the complainant were consensual and there

is nothing to indicate that the applicant had established physical

relations with the complainant without her consent.

8.         Considering the nature of offence, it has to be noted that

nothing is to be recovered from this applicant and his custodial

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interrogation is not warranted. Further considering the fact that the

applicant was granted interim protection which is not apparently

misused, the same needs to be confirmed subject to certain condition.

9.         Hence I pass the following order.

                      : ORDER :

(i)        Anticipatory Bail Application is allowed.

(ii)       In the event of arrest of the applicant in connection with

FIR No. 668 of 2024 registered at the Borivali Police Station for

offence punishable under Section 376 (2) (n) of Indian Penal Code,

the Applicant may be released on bail on furnishing P.R. Bond of Rs.

25,000/- (Rupees Twenty Thousand only) with one solvent surety of

the like amount.

(iii)      The applicant is directed to attend the Investigating Agency

as and when called upon by the Investigating Agency.

(iv)       The applicant shall cooperate with the Investigating Agency

during investigation and trial.


10.        The Application is accordingly allowed and disposed of in

above terms.



                                        (PRAFULLA S. KHUBALKAR, J.)




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