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Bombay High Court

XYZversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court held that no prima facie offence was made out under the Atrocities Act or the rape allegation, and therefore the pre‑arrest bail stands.

Summary

The appellant filed an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act challenging a pre‑arrest bail order granted to the respondent in a case involving alleged rape under a false promise of marriage. The FIR alleged that the respondent, a member of a Scheduled Caste, had committed the offence, and the appellant argued that the investigation documents supported a prima facie case. The respondent countered that a joint application for marriage had been filed by the appellant and the second respondent in December 2025, indicating no false promise. The Special Judge examined the material, found no prima facie offence under the Atrocities Act or the rape allegation, and allowed the bail. The High Court affirmed this finding, holding that there was no ground to interfere, and dismissed the appeal.

Issues considered

  • Whether the facts disclosed in the FIR and investigation material establish a prima facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the offence of rape by false promise of marriage.
  • Whether the pre‑arrest bail granted to the respondent should be cancelled on the basis of the alleged offences.

Legislation cited

Subjects

  • pre‑arrest bail
  • Scheduled Castes and Scheduled Tribes Act
  • false promise of marriage
  • rape
  • prima facie case
  • criminal appeal
  • bail jurisdiction

Judgment

2026:BHC-AUG:28986
                                                                     946-APEAL-181-2026.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              CRIMINAL APPEAL NO. 181 OF 2026

                                              Xyz
                                            VERSUS
                              The State Of Maharashtra And Another
                                                ...
          Mr. S. N. Dudhate, Advocate for Appellant
          Mr. A. V. Lavate, APP for Respondents
          Mr. H. S. Gavit, Advocate for Respondent No.2 (VC)

                                                            CORAM : R.M. JOSHI, J
                                                            DATE  : JULY 17, 2026

          P. C. :

          1.          This Appeal filed under Section 14(A) of the Scheduled Castes

          and Scheduled Tribes (Prevention of Atrocities) Act takes exception to order

          dated 12.02.2026 passed in Bail Application No. 32/2026 whereby the

          contesting Respondent was granted pre-arrest bail in connection with Crime

          No. 66/2026.


          2.          Learned Counsel for the Appellant submits that the first

          information report and more particularly, allegations against Respondent

          indicates that offene under the provisions of Atrocities Act so also offence of

          commission of offence of rape on the false promise of marriage is prima

          facie apparent. It is his submission that documents collected during the

          investigation also indicate so. He, therefore, seeks cancellation of pre arrest

          bail granted to contesting Respondent.



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                                                          946-APEAL-181-2026.odt



3.          Learned Counsel for contesting Respondent supported the

impugned order.


4.          Prima facie perusal of the FIR indicates that the informant is an

adult lady. The document placed on record shows that even in the month of

December, 2025, an application was filed jointly by the Appellant and

Respondent No. 2 accused for registered marriage. The said filing of

application clearly indicates that there is no prima facie substance in the

allegations of informant that physical relations were established on account

of false promise of marriage. Learned Special Judge in paragraph 11 of the

impugned order has rightly taken into consideration the material on record

and has held that no prima facie offence is seems to have been made out

against contesting Respondent. This Court, therefore, finds no reason to

cause interference in the impugned order.


5.          In view of above, Appeal stands dismissed.


                                                    (R. M. JOSHI, J.)
Malani




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