Bombay High Court
XYZversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- R M JOSHI
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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