OM SO NARAYAN CHAVANversusTHE STATE OF MAHARASHTRA AND ANR

                                                           27-APEAL-704-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL APPEAL NO. 704 OF 2026

Om s/o Narayan Chavan                              …Appellant

        V/s.

The State of Maharashtra & Anr.                    ...Respondents


Adv. Sayee Sawant a/w Mr. Abhaysinh Bhosale, Advocate for the
Appellant.
Ms. Rutuja Ambekar, APP for the Respondent/State.
Mr. Prashant Kshatriya, Advocate for the Respondent No.2.
API- Savita Jadhav, Bhandup Police Station, is present.


                                 CORAM         :   N.R. BORKAR, J.
                                 DATE          :   05.10.2026.

P.C. :

1.                This   appeal takes exception to the order dated
28.07.2026 passed by the learned Additional Sessions Judge,
Greater Mumbai.


2.                By the order impugned, the learned Additional Sessions
Judge has rejected the anticipatory bail application filed by the
present appellant, who is apprehending his arrest in Crime No. 544
of 2026 registered at Bhandup police station for the offences
punishable under Sections 69, 115(2), 351(2) and 352 of the
Bharatiya Nyaya Sanhita, Section 67 of the Information Technology
Act and Sections 3(1)(2), 3(1)(r), 3(1)(c), 3(1)(e), 3(1)(w)(i)(ii) &

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3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act.


3.                It is the case of the prosecution that the appellant and
the victim, who belongs to scheduled caste got acquainted with
each other while they were studying in M.I.T. Engineering College
at Chhatrapati Sambhajinagar. Their acquaintance turned into love
relationship. It is alleged that the appellant promised to marry her
and on that pretext subjected her to sexual intercourse.


4.                It is alleged that as the appellant was not behaving
properly with the victim and even refused to marry her, she broke
her relationship with him. It is alleged that the appellant thus got
annoyed and threatened her that he would make their personal
photographs/videos viral on social media, if she refused to be in
relationship with him. It is further alleged that on 2.6.2026, when
the victim had gone to meet the appellant to tell him that her
parents had arranged her marriage elsewhere and he should
delete their personal photographs/videos, at that time, he
snatched her mobile phone and called the person with whom the
marriage of the victim was arranged and disclosed to him about
their relationship.


5.                I have heard the learned counsel for the appellant, the
learned APP for the respondent/State and the learned counsel for
the respondent No.2.


6.                The learned counsel for the appellant has drawn my

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attention to the WhatsApp chats and text messages annexed to
the appeal at Page Nos. 75 to 91. The learned counsel for the
appellant submits that the said WhatsApp chats/text messages
are between the appellant and the victim. It is submitted that said
WhatsApp chats/text messages do not support the allegations
made by the victim. It is submitted that there is no need of
custodial interrogation and the present appellant is ready and
willing to co-operate in the investigation.


7.                On   the   other   hand,     the   learned   APP     for     the
respondent/State and the learned counsel for the respondent No.2
submit that there is a bar under Sections 18 & 18A of the SC & ST
Act to entertain the anticipatory bail application. It is submitted
that, considering the nature of crime, the appellant may not be
released on anticipatory bail.


8.                I have perused the WhatsApp chats/text messages.
Prima-facie, the said WhatsApp chats/text messages do not
support the allegations made by the victim against the present
appellant. Prima–facie, the allegations made in the FIR do not
show that the victim was subjected to alleged acts, because she
belongs to scheduled caste. Considering the overall facts and
circumstances of the case, I am inclined to release the appellant
on anticipatory bail on certain conditions. In the result, the
following order is passed :




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                                   ORDER


              i)        The appeal is allowed.
              ii)       The order impugned is set aside.

              iii)      In the event of the arrest of the appellant
              in Crime No. 544 of 2026 registered at Bhandup
              police station for the offences punishable under
              Sections 69, 115(2), 351(2) and 352 of the
              Bharatiya Nyaya Sanhita, Section 67 of the
              Information Technology Act and Sections 3(1)(2),
              3(1)(r), 3(1)(c), 3(1)(e), 3(1)(w)(i)(ii) &      3(2)(va)
              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.

              iv       The appellant shall attend the concerned
              police    station   as   and     when   called   by   the
              investigating officer and shall co-operate in the
              investigation.

              v)       The appellant shall not contact the victim.


9.                The appeal is disposed of in the aforesaid terms.



                                                      [N.R.BORKAR, J.]


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