SATYAVAN ANAT NIMBALKARversusSTATE OF MAHARASHTRA

P.H. JAYANI                                            906 BA1078.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
               BAIL APPLICATION NO. 1078 OF 2026

Satyavan Anant Nimbalkar                                …. Applicant
      V/s.
The State of Maharashtra                              …Respondents


Mr. Siddharth Jagushte for the Applicant.
Mr. H.J. Dedhia, APP for the Respondent – State.


                          CORAM:        SHYAM C. CHANDAK, J.
                          DATED :       2nd JULY, 2026

1.       Present Application seeking release of the Applicant on bail
in C.R.No.164/2025 registered with Rabodi Police Station, Thane
for the offence punishable under Sections 69, 318(4), 336(1),
336(3) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, on
the Report dated 23/03/2025 filed by the victim.

2.       Mr. Dedhia, learned APP tendered an Affidavit affirmed by
the Respondent No.2 (“the victim”).          It is taken on record.
Further, Mr. Dedhia stated that Respondent No.2 has instructed
him to represent and espouse her cause.

3.       Heard learned counsel for the parties. Perused the record.

4.       The prosecution case is that at the relevant time, the
Applicant and the victim were working in the same office and they
were acquainted with each other. Both were married. The victim
was not conceiving. Once the Applicant brought some medicine
for the victim. On consuming the medicine, she felt well.
Meanwhile, the Applicant took a photo of the victim. Later on, the
Applicant told the victim that unless she indulge in sexual


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P.H. JAYANI                                           906 BA1078.2026.DOC



intercourse besides taking the medicine, she will not conceive.
Further, he threatened to make her photo viral and committed
sexual intercourse with her against her will, at Titwala. At that
time he also took her obscene video. Additionally, the Applicant
falsely promised the victim that he will get her a clerk’s job in the
BMC provided she gives him money. Till filing of the FIR, the
victim gave him Rs.16,74,538/- through banking transactions and
pledging her gold ornaments which also includes the loan
amounts which the Applicant obtained by misusing her KYC
documents. Only some amount the Applicant has returned to her.
Between September 2024 to November 2024, the Applicant took
the victim at several hotels and committed sexual intercourse with
her without her will by threatening her to make her photos and
videos viral. Therefore, the victim filed a Report on 23/03/2025
against the Applicant leading to registration of the said crime. On
completion of investigation, police submitted the charge-sheet.
The Sessions Court declined to release the Applicant on bail.

5.       Mr. Jagushte, learned Counsel for the Applicant submitted
that the Applicant and the victim were married before they came
in contact with each other. After getting acquainted with each
other, friendly relationship were developed between the two which
led to physical relationship between them. However, the same
were with free consent of the victim. During the said relationship,
certain monetary transactions had taken place, as alleged.
Majority of the expenses were for the hotel and lodging purposes.
More than Rs.6 lacs have been returned by the Applicant. There is
no material showing that the Applicant had sent a forged
appointment letter to the victim on e-mail. As such, the Applicant
is innocent. Therefore, he may be released on bail.



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P.H. JAYANI                                             906 BA1078.2026.DOC



6.       Mr. Dedhia, learned APP, on the other hand, submitted that
in her Report the victim has categorically stated that the Applicant
had induced her to pay him considerable amount from time to
time on the false pretext of giving her a job in the BMC.
Meanwhile, he took the victim at several places and committed
sexual intercourse with her against her will, taking advantage of
her emotions and by threatening to make her obscene photos viral.
In the MoU and Letter of Guarantee, the Applicant has accepted
his legal and monetary liability. Thus, there is a prima facie case
against the Applicant of having committed the alleged offence. The
offence is serious. Therefore, the Applicant is not entitled for bail.

7.       I have considered these submissions. In the FIR, the victim
has categorically stated that, from time to time, she had paid
certain money to the Applicant as he had promised that he will get
her a job of clerk in the BMS. There is sufficient material on record
which shows that the Applicant had taken the said amount from
the victim. Said fact is also accepted in the MoU and the Letter of
Gurantee and that the Applicant had promised the victim that he
will get a job for her. But, the victim did not get any job. As such,
there is a prima facie case of cheating.

8.       As alleged, some loans were obtained by the Applicant from
private institutes by misusing the KYC of the victim. The victim
was aware of the said fact. Yet, she did not take prompt legal steps
against the Applicant. Out of the disputed amount, the Applicant
has returned Rs.6,52,112/- to the victim. Considering the
narration in the FIR, it appears that the physical relationships
between the Applicant and the victim were consensual because at
no point of time, the victim tried to complain against the Applicant
that he was subjecting her to sexual intercourse against her will.


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P.H. JAYANI                                               906 BA1078.2026.DOC



Considering the material on record, it appears that, before filing of
the report, some dispute had occurred between the parties on
account of the money. Therefore, they entered into the MoU and
the Letter of Guarantee. Only thereafter, the victim filed the
Report.

9.       In the wake of above, whether the Applicant has committed
the alleged offence of rape or not is a question of trial. The
Applicant has returned Rs.6,52,112/- to the victim. The MoU and
the Letter of Guarantee indicate the Applicant has undertaken to
return the entire amount. The investigation is completed and
charge-sheet is filed. The detention of the Applicant will not serve
any purpose. The trial will take a considerable time. The Applicant
is not likely to abscond and tamper with the prosecution evidence.
Therefore, I am inclined to allow the Application. Hence, following
Order :-

         (i)     The Applicant – Satyavan Anant Nimbalkar be
         released on bail in C.R.No.164/2025 registered with Rabodi
         Police Station, Thane for the offence punishable under
         Sections 69, 318(4), 336(1), 336(3) and 351(2) of the
         Bharatiya Nyaya Sanhita (BNS), 2023, on his executing P.R.
         Bond in the sum of Rs.50,000/- with one or two sureties in
         the like amount.

         (ii)    The Applicant shall mark his attendance at Rabodi
         Police Station, Thane on 1st day of each calender month
         between 11:00 a.m. to 2:00 p.m. till conclusion of the trial

         (iii)   The Applicant shall regularly attend the proceedings
         before the jurisdictional Court unless exempted by the said
         Court, for the reasons to be recorded in writing.

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                      P.H. JAYANI                                              906 BA1078.2026.DOC



                               (iv)   The Applicant shall not tamper with the prosecution
                               evidence and shall not directly or indirectly influence upon
                               the prosecution witnesses to prevent them from deposing
                               against him.

                               (v)    On being released from jail, the Applicant shall
                               furnish his contact number and residential address to the
                               Investigating Officer and shall keep him updated, in case
                               there is any change.

                               (vi)   By way of abundant caution, it is clarified that the
                               observations made hereinabove are confined for the purpose
                               of determination to the entitlement for bail and they may
                               not be construed as an expression of opinion on the guilt or
                               otherwise of the Applicant and the trial Court shall not be
                               influenced by any of the observations made hereinabove.

                      10.             Bail Application stands disposed of in aforesaid terms.



HEMANT                                                  (SHYAM C. CHANDAK, J.)
CHANDERSEN
SHIV

Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.07.03
18:17:47 +0530




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