GOVIND UMAKANT JADEversusTHE STATE OF MAHARASHTRA

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                80 BAIL APPLICATION NO. 1535 OF 2026

                       GOVIND UMAKANT JADE
                                VERSUS
                    THE STATE OF MAHARASHTRA
                                   ...
        Advocate for Applicant : Mr. Gangakhedkar Shailendra S
              APP for Respondent/State : Mr. S.V. Hange
                                   …


                              CORAM : HITEN S. VENEGAVKAR, J.
                              DATE : 24.08.2026


PER COURT :


1.          Heard the learned Advocate for the respective parties.



2.          The present application is filed by the Original Accused

seeking regular bail in connection with the Crime No. 269 of 2026 dated

26.05.2026, lodged by the Ardhapur Police Station, District Nanded for

the offences punishable under Sections 64(1), 74, 296, 351(2) of the

Bhartiya Nyaya Sanhita (for short ‘BNS’). The First Information Report

(for short ‘FIR’) was lodged by the prosecutrix, wherein it is alleged that

during the period from 01.07.2025 till 30.11.2025 the present applicant

has committed forcible sexual intercourse with the prosecutrix on

multiple occasions by taking the prosecutrix to a lodge named

Nagaarjuna lodge-hotel situated at Maharana Pratap Chowk, District

Nanded. The allegations in the FIR discloses that the applicant had

developed relations on account of the prosecutrix visiting his shop for
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purchase of certain goods. It is alleged that at initial time the applicant

initiated physical touch and thereafter insisted for physical relations

under the threats that if his demands are not satisfied then the image

and reputation of the prosecutrix will be maligned in the society. The

FIR further discloses that due to the fear of harm to the reputation to her

son and husband as well as of herself the prosecutrix succumbed to the

demands of the present applicant, and therefore, permitted the applicant

to have a physical relationship. The FIR further discloses that as the

prosecutrix after one of such incident had informed the applicant that

henceforth he should not bother, thereafter, the applicant allegedly has

visited the house of the prosecutrix and in presence of her husband had

abused the prosecutrix by stating that the amount has been paid to the

prosecutrix for maintaining physical relations with him. It is alleged that

because of this incident the husband of the prosecutrix had dragged her

out of the matrimonial house and she is residing at her parent’s house

since 8 days from the registration of the offence.



3.          Heard the learned Advocate for the applicant. The learned

Advocate for the applicant submits that the present applicant and the

prosecutrix both are major and both of them are married. He further

argued that even if the prosecution case is accepted as it is, the same

demonstrates that two major individuals have consensually maintained

physical relationship with each other. He further argues that the

contents of the FIR itself suggest that the prosecutrix has willingly
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accompanied the present applicant at Nagaarjuna lodge-hotel, which

according to the applicant it is situated at a distance of 15 to 16 k.m.

away from the place of their residence. The said Lodge is situated at a

different village.   He therefore, argues that the informant/prosecutrix

voluntarily travelled with him from the village Ardhapur to Nanded on

more than one occasion. The circumstances prima facie supports his

argument    that     the   relationship   between   two   adults   which   was

subsequently given the colour of criminal offence.



4.           The learned Advocate appearing for the applicant then

referred to the statement of the informant’s husband, wherein, the

informant’s husband has also reiterated about the incident that took

place in his house when the applicant had visited his house. The learned

Advocate argues that inspite of getting knowledge about the abuses and

threats, the husband of the victim did not lodge any complaint.            The

statement when perused, also shows that prior to his visit, the

prosecutrix had disclosed about forcible physical relations demanded by

the applicant to her husband, but no steps were taken at that time. Thus

according to the learned Advocate it creates cloud over the allegations

made by the prosecutrix subsequently in the FIR. As far as the

registration of the FIR is concerned, it is submitted by the Manager and

the entry at the hotel indicates that the applicant woman occupied room

No.304 on 04.11.2025 as mentioned. The register of entries concerning

the alleged visit is of July and August, 2025, infact, are not found as per
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statement of the manager and the register is misplaced. The statement

of the manager does not mention that he is a witness to what has

transpired into the room, even, therefore, submitted that this material

almost show the applicant’s presence at the lodge but it does not

establish as to whether accompanying woman was the informant or

whether any act occurred is without consent.



5.          The learned APP opposes the application. He submits that

the   allegations   concerned   about   the    repeated   forcible      sexual

relationships obtained by threatening a married woman with social

defamation. The informant’s silence cannot be construed as consent,

particularly when she has explained that she remained silent because of

fear of her family and her matrimonial life. The alleged register and the

manager’s statement prima-facie corroborates the applicant’s visit to the

lodge on 04.11.2025. He also submits that mentioning of the victim’s

name in the register is corroborated by the Adhar Card which has been

recovered during the investigation from the informant. Even the

statement of the manager, prima-facie corroborates the allegations

leveled by the prosecutrix against the present applicant. He further

argued that the applicant and the informant are the resident of same

locality and therefore, there is every possibility that the applicant may

pressurize the informant or the prosecution witnesses.



6.          Considering the nature and gravity of the offences alongwith
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the allegations levelled against the present applicant, the learned APP

prayed that the application may be rejected.



7.          I have heard and given considerable thought to the

prosecution story as well as the submissions advanced by both the

learned Advocates. I have also examined the entire charge-sheet with the

assistance of the learned Advocates. It is settled principle that at the

stage of bail the Court is not required to consider the nature and gravity

of the accusations but on the strength of prima-facie material available

on record and possibility of absconding of the accused or influencing the

prosecution witnesses has to be given prime consideration alongwith the

stage of investigation and likelihood of trial being obstructed. The equal

importance is the consideration of seriousness of the offence though

important, the consideration cannot be by itself justified in continuation

of the investigation, is complete with identified risk. The another aspect

that requires to be taken into consideration while dealing with the

present case, wherein, delay is almost more than 6 months in reporting

the offence. The delay in reporting the offence is serious and cannot by

itself be treated as destructive to the prosecution case. The victim may

remain silent because of fear, stigma and concern of the family. In the

present case however, the delay assumes some relevance at the stage of

bail when considering the intervening events. The last alleged incident is

dated 04.11.2025, whereas, the FIR is registered on 26.05.2026.        The

Complainant lodged report which arises from dispute of two families
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arise from December 2025. Although true that the applicant’s complaint

cannot be determined at this stage. Its contents and particularly its

timing cannot be completely ignored, however the complaint dated

12.05.2026 also preceded the FIR.



8.          Second important consideration as to the statement of the

informant’s husband, brother and the father. These statements are

substantial in nature of the subsequent disclosure. The husband of the

informant narrated that the allegations to him about 8 days before his

statement   was   recorded.   His    statement   does   not   furnish   any

independent account of the alleged incident at the lodge. These

statement may lend assurance of fact that the informant subsequently

disclosed the allegations but its evidentiary value and the circumstances

in which the disclosure was made will have to be tested at the time of

trial.



9.          The alleged registers are recovered by the Investigating

Officer during the process of investigation. The contents of the entry and

the name of the applicant do not match against the room No. 304 on

04.11.2025. The statement of the manager however, does not disclose

any personal knowledge about the act committed. The material

concerning the Lodge, therefore, prima-facie supports the applicant’s

presence there but does not independently establish the allegations in

absence of consent. The another glaring fact that needs to be taken into
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consideration is in respect of no corresponding record regarding the

alleged visit in the month of July and August 2025 has been found

during the investigation.



10.         Thus taking all these into consideration, it is not denied that

the allegations are serious and deserve to be tried. The material

presently available leaves accusations between the parties, and the

question of consent is a matter that requires evidence at the time of trial.

However, the fact still remains that the investigation is complete, the

charge-sheet has been filed and the applicant is lingering in the custody

since 26.05.2026. No further custodial interrogation is required in the

present case.



11.         The applicant is permanent resident of village Ardhapur as

his business is there.      There are no criminal antecedents against the

applicant and therefore, the continuing detention of the applicant is not

necessary for the purpose of any kind of investigation.



12.         The apprehension that has been canvassed by the learned

APP in respect of the creating pressure on the Complainant or other

prosecution witnesses in a situation where both the Complainant as well

as the present applicant are residing in the same locality will have to be

taken into consideration. This apprehension can be addressed by

imposing strict conditions, restraining the applicant from contacting the
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informant, her husband or any of the prosecution witnesses. In the event

of breach the prosecution can always approach this Court for

cancellation of bail. In the totality of the aforesaid circumstances, I am

inclined to allow the application. Hence the following order :

                                  ORDER

       (i)   The Bail Application is allowed.

       (ii)  The applicant shall be released on bail in Crime No. 269
       of 2026 dated 26.05.2026, lodged by the Ardhapur Police
       Station, District Nanded for the offences punishable under
       Sections 64(1), 74, 296, 351(2) of the Bhartiya Nyaya Sanhita,
       2023, on furnishing a personal bond of Rs. 50,000/- (Rupees
       Fifty Thousand only) with one solvent surety in the like
       amount, subject to the following conditions :

             a)    The applicant shall attend the concerned
             Investigating Officer as and when called upon by the
             Investigating Officer, unless his attendance is specifically
             exempted.

             b)    The applicant shall not enter in the area where the
             applicant and her relatives are residing and also not to
             contact the informant or any of her relatives till
             completion of the trial.

             c)    The applicant shall not, directly or indirectly,
             contact, threaten, induce or influence the informant or
             any prosecution witness and shall not tamper with the
             prosecution evidence.

             d)    The applicant shall furnish his current residential
             addresses and mobile numbers to the Investigating
             Officer and the trial Court within seven days of release,
             intimate any change forthwith, and attend the
             Investigating Officer upon prior written notice if further
             investigation is required.

             e)    The applicant shall not leave India without prior
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             permission of the trial Court and, if he possess
             passports, shall deposit the same with the trial Court
             within seven days of their release.

             f)    The applicant shall not involve himself in any
             offence of a similar nature while on bail.

             g)    Breach of any of the above conditions shall entitle
             the prosecution to apply for cancellation of bail.

             h)    All observations in this order are prima facie and
             confined to the decision of this bail application. The trial
             Court shall decide the case independently on the
             evidence led before it. The Bail Application is disposed of
             in the above terms.




                                     (HITEN S. VENEGAVKAR, J.)




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