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Bombay High Court

MAYUR KAILAS NIKALJEversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The Court granted bail to the accused, holding that the prima facie facts indicated consensual relations and that the investigation could continue with the accused’s presence.

Summary

Mayur, an armed forces personnel, was arrested on 24-06-2026 for an alleged offence under Section 69 of the Bharatiya Nyaya Sanhita, involving a false promise of marriage and alleged sexual exploitation of a 23‑year‑old woman. The complainant claimed that the relationship was consensual, that she was a major, and that she attempted suicide after the accused withdrew his promise of marriage. The State opposed bail, arguing that the false promise constituted exploitation and that the investigation was ongoing. The Court examined the FIR, noted the victim’s age and her own statements of consensual relations, and held that the investigation could proceed with the accused’s presence. Consequently, the Court granted regular bail with a personal bond and specific conditions, allowing the accused to remain free pending trial.

Issues considered

  • Whether bail should be granted to an accused charged under Section 69 of the Bharatiya Nyaya Sanhita where the alleged offence involves a false promise of marriage and alleged sexual exploitation.
  • Whether the victim’s consent and status as a major affect the necessity of pre‑trial detention.

Legislation cited

Subjects

  • bail
  • false promise of marriage
  • sexual exploitation
  • consent
  • armed forces
  • Section 69 BNS
  • criminal procedure

Judgment

2026:BHC-AUG:32267


                                                                            BA-1376-2026
                                                   -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 BAIL APPLICATION NO. 1376 OF 2026

                 Mayur s/o Kailas Nikalje                    … Applicant

                               Versus

                 The State of Maharashtra,
                 Through Investigating Officer,
                 Cantonment Police Station,
                 Aurangabad.                                 … Respondent
                                                   …..

                 Mr. N.S.Ghanekar, Advocate for the Applicant.
                 Mr. K.K.Naik, APP for Respondent-State.
                                                 .....

                                            CORAM :      ABHAY S. WAGHWASE, J.

                                            Reserved on      : 30-07-2026
                                            Pronounced on    : 31-07-2026

                 ORDER :-

                 1.    Applicant seeks grant of regular bail on account of his arrest in

                 Crime No.266 of 2026, registered at Cantonment Chhawani Police

                 Station, District Chhatrapati Sambhajinagar, for offences punishable

                 under Section 69 of the Bharatiya Nyaya Sanhita (BNS).



                 2.    It is pointed out that, applicant is arrested in above crime on

                 24-06-2026.    That, there is false implication.   That, there was no

                 promise of marriage as alleged. That, whatever relations developed
                                                           BA-1376-2026
                                    -2-

were consensual. That, informant is major. Moreover, applicant is in

Armed Forces and there is no possibility of misuse of liberty, rather he

would co-operate with investigating machinery, as and when called.

For above reasons, bail is urged for.



3.    Learned APP opposed bail on the ground that, on false promise

of marriage, there is exploitation. That, accused retracted from the

promise. That, investigation is still in progress.



4.    Heard. Perused the FIR dated 24-06-2026. Informant victim,

who gave her age as 23 years, claims that, she got acquainted with

applicant in the marriage of her maternal uncle, and thereafter, he

started calling her on mobile. She reported that, there were talks

since 2024 and their friendship grew into love. She claims that, in

September 2025, when applicant came on leave, he took her to a

hotel and there, insisted her for physical relations. She claims that,

she refused, but then he informed her that he is going to marry her.

She claims that, in spite of her refusal, there were consensual sexual

relations.   She further reported that, whenever he came on leave,

there were physical relations between them. That, on 16-06-2026,

applicant informed her that, at the instance of his family members, his

engagement is performed and that he cannot marry her and left her.
                                                               BA-1376-2026
                                    -3-

She claims that, thereafter, she consumed poison and was admitted in

the hospital and hence, the above report. But even above report is

after nine days or so after learning about applicant resiling from

marriage.

      Prima facie victim informant is major and she herself has stated

that, there were consensual sexual relations with applicant. Taking

the same into consideration, further investigation can be carried out

by securing applicant’s presence. In view of above discussion, relief as

prayed deserves to be granted.            Accordingly, following order is

passed:



                                ORDER

I.    The application is allowed.


II.   Applicant - Mayur s/o Kailas Nikalje, be released on bail in
connection with Crime No.266 of 2026 registered at Cantonment
(Chhawani) Police Station, District Chhatrapati Sambhajinagar, on
executing Personal Bond of Rs.15,000/- with one surety in the like
amount, on the following conditions :


      [a]   The applicant shall not tamper prosecution evidence.


      [b]   The applicant shall not leave the area of jurisdiction of
      the concerned police station till conclusion of trial.
                                                           BA-1376-2026
                                      -4-

       [c]   The applicant shall attend the concerned Police Station
       twice in every week i.e. on every Monday and Saturday and
       maintain personal diary of his attendance till committal of case
       and thereafter, shall regularly attend each and every effective
       date before the trial court.


III.   The Bail Application is accordingly disposed off.




                                            [ABHAY S. WAGHWASE, J.]
SPT


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