Bombay High Court
MAYUR KAILAS NIKALJEversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- ABHAY S WAGHWASE
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
- Bharatiya Nyaya Sanhita — s. 69
Subjects
- bail
- false promise of marriage
- sexual exploitation
- consent
- armed forces
- Section 69 BNS
- criminal procedure
Judgment
2026:BHC-AUG:32267
BA-1376-2026
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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
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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.
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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.
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[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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