Bombay High Court

ANIL DATTATRAYA JADHAVversusSTATE OF MAHARASHTRA AND ORS

Decided: 7 October 2026
Disposal: Allowed

Holding

The appeal is allowed and anticipatory bail is granted to the appellant.

Summary

The appellant, Anil Dattatraya Jadhav, sought anticipatory bail in a case registered as Crime No. 499 of 2025 for offences under Section 69 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w)(i)(ii) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleged that the appellant had sexual intercourse with the victim by falsely promising marriage. Both the appellant and the victim later settled the dispute and filed a petition to quash the FIR by mutual consent. The Special Court had rejected the anticipatory bail application, prompting the appellant to appeal under Section 14‑A of the SC & ST Act. The High Court, after considering the settlement and the overall circumstances, allowed the appeal, set aside the lower court’s order, and granted anticipatory bail subject to a personal bond of Rs.25,000 with sureties. The appeal was disposed accordingly.

Issues considered

Whether anticipatory bail should be granted to the appellant despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and the SC & ST Act
Whether the settlement between the appellant and the victim and the petition to quash the FIR affect the grant of anticipatory bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 69
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A, 3(1)(w)(i)(ii), 3(2)(v)

Subjects

anticipatory bail
SC & ST Act
Bharatiya Nyaya Sanhita
sexual assault
false promise of marriage
settlement
quashing FIR

Judgment

                                                         1              17-APEAL 1267-25.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO.1267 OF 2025

                      Anil Dattatraya Jadhav                 … Appellant
                            Vs.
                      State of Maharashtra & Ors.            … Respondents
                                                          -----
                      Mr. Prabhanjan Gujar a/w Padmanabh Sangle for the Appellant.
                      Ms. Rutuja Ambekar, APP for the Respondent-State.
                      Ms. Ekta Patil, Legal Aid Advocate for Respondent No.3-victim.
                                                          -----
                                                     CORAM : N.R. BORKAR, J.
                                                     DATE       : 07TH OCTOBER 2026
                      P.C. :
                      1.       This Appeal under Section 14-A of the Scheduled Caste and the
                      Scheduled Tribes (Prevention of Atrocities) Act (for short “SC & ST Act”)
MUGDHA
MANOJ                 takes exception to the order dated 29 th November 2025 passed by the
PARANJAPE
Digitally signed by
MUGDHA MANOJ
PARANJAPE
                      Special Court in Criminal Bail Application No.6971 of 2025.
Date: 2026.10.07
19:11:22 +0530


                      2.       By the impugned order, the Learned Special Court has rejected the
                      anticipatory bail application filed by the present Appellant, who is
                      apprehending his arrest in Crime No.499 of 2025 registered with Khadak
                      Police Station for the offences punishable under Section 69 of the
                      Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w)(i)(ii), 3(2)(v) of the
                      Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,
                      1989.


                      3.       It is the case of the prosecution that on the false promise of
                      marriage the Appellant repeatedly had sexual intercourse with the victim.



                           Mugdha                                                              1 of 2
                                      2               17-APEAL 1267-25.doc



4.         Learned Counsel for the Appellant and Learned Counsel for
Respondent No.3-victim jointly submit that the Appellant and the victim
have amicably settled their dispute and filed the Petition for quashing of
the FIR by consent.


5.         Considering the overall facts and circumstances, I am inclined to
release the Appellant on anticipatory bail. Hence, the following order:-
                                      ORDER
      i.    The Appeal is allowed.

      ii. The impugned order is set aside.

      iii. In the event of the arrest of the Appellant in Crime No.499 of
           2025 registered with Khadak Police Station for the offences
           punishable under Section 69 of the Bharatiya Nyaya Sanhita,
           2023 and Sections 3(1)(w)(i)(ii), 3(2)(v) of the Scheduled
           Caste and Scheduled Tribes (Prevention of Atrocities) Act,
           1989, he shall be released on bail on furnishing a PR Bond in
           the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)
           with one or two sureties in the like amount.



6.         The Criminal Appeal is disposed of in the aforesaid terms.




                                                (N.R. BORKAR, J.)




     Mugdha                                                                  2 of 2

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