Bombay High Court

NAVNATH BAPU DHAYGUDEversusSTATE OF MAHARASHTRA AND ANR

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The High Court allowed the appeal and granted anticipatory bail to the appellant.

Summary

The appellant Navnath Bapu Dhaygude filed an anticipatory bail application in a case (Crime No. 542 of 2026) alleging offences under Sections 69 and 351(4) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(s) and 3(2)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, stemming from accusations that he had repeatedly engaged in sexual intercourse with the victim under a false promise of marriage. The appellant and the victim later married, and both parties argued that the FIR was filed due to a misunderstanding. The Special Court had rejected the anticipatory bail application, prompting an appeal. The High Court, after considering the changed circumstances and the joint submissions, set aside the lower court's order and granted anticipatory bail, directing the appellant to furnish a personal bond of Rs. 25,000 with one or two sureties. The appeal was consequently allowed.

Issues considered

Whether anticipatory bail should be granted to the appellant despite the serious nature of the alleged offences under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act.
Whether the subsequent marriage between the appellant and the victim and the claim of FIR being filed due to misunderstanding affect the bail considerations.

Legislation cited

Bharatiya Nyaya Sanhita — s. 351(4), 69
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(w)

Subjects

anticipatory bail
sexual assault
false promise of marriage
SC/ST Act
criminal procedure
bail bond

Judgment

                                                          22-APEAL-590-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL APPEAL NO. 590 OF 2026

Navnath Bapu Dhaygude                             …Appellant

        V/s.

The State of Maharashtra & Anr.                   ...Respondents


Mr. Prashant Hagare, a/w Adv. Utkarsh R. Pondkule & Ms. Ekta
Patil, Advocate for the Appellant.
Mr. P. H. Gaikwad, APP for the Respondent/State.
Mr. Vignesh Ashokan i/b Mr. Mahesh Arjun, Advocate for the
Respondent No.2.


                                 CORAM        :   N.R. BORKAR, J.
                                 DATE         :   29.09.2026.

P.C. :

1.                This   appeal takes exception to the order dated

03.07.2026 passed by the Special Court, Baramati, in Criminal Bail

Application No. 432 of 2026.



2.                By the order impugned, the learned Special Court has

rejected the anticipatory bail application filed by the present

appellant, who is apprehending his arrest in Crime No. 542 of

2026 registered at Yavat police station for the offences punishable

under Sections 69 & 351(4) of the Bharatiya Nyaya Sanhita and
Pramod S.Lakare
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                                                           22-APEAL-590-2026.doc


Sections 3(1)(r), 3(1)(s) & 3(2)(w) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.



3.                The allegations against the present appellant are that

he had repeatedly subjected the victim to sexual intercourse on

the false promise of marriage.



4.                The learned counsel for the appellant and the learned

counsel for the respondent No.2 jointly submit that due to

misunderstanding the FIR was lodged. It is submitted that the

appellant and the respondent No.2/victim have now married each

other.



5.                Considering the facts and circumstances, I am inclined

to release the appellant on anticipatory bail. In the result, the

following order is passed :

                                   ORDER


              i)       The appeal is allowed.

              ii)      The order impugned is set aside.

              iii)      In the event of the arrest of the appellant

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                                                            22-APEAL-590-2026.doc


              in Crime No. 542 of 2026 registered at Yavat
              police station for the offences punishable under
              Sections 69 & 351(4) of the Bharatiya Nyaya
              Sanhita and Sections 3(1)(r), 3(1)(s) & 3(2)(w) of
              the   Scheduled   Castes    and   Scheduled     Tribes
              (Prevention of Atrocities) Act, he shall be released
              on furnishing P.R. Bond in the sum of Rs. 25,000/-
              with one or two sureties in the like amount.




                                                  [N.R.BORKAR, J.]




Pramod S.Lakare
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