ANAND SHIVAJI SABALEversusTHE STATE OF MAHARASHTRA

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                  CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL BAIL APPLN. NO. 430 OF 2026

Anand Shivaji Sabale                                   … Applicant
                   Versus
The State of Maharashtra & Anr.                        … Respondents


                                  ——————
Mr. Hrishikesh Sopan Shinde (Through V.C.) a/w. Ms. Neha Deshpande for
the Applicant.
Mr. A.S. Shalgaonkar, A.P.P. for the Respondents-State.
Mr. Abhang Suryawanshi for the complainant.
Mr. Mihir Mondkar, appointed Advocate for the complainant.
                                  ——————

                                  Coram :      MEHROZ K. PATHAN, J.

                                  Date     :   10th July 2026.

PER COURT :

1.    Learned appointed Advocate Mr. Mihir Mondkar is discharged as

Advocate Mr. Abhang Suryawanshi has filed his Vakalatnama on behalf of the

complainant.

2.    The Applicant has approached this Court seeking regular bail in

connection with F.I.R. No. 117 of 2026, dated 16/02/2026, registered with

Mohol Police Station, District Solapur Rural, for the offences punishable

under Sections 64(1), 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023.


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3.    Learned counsel for the Applicant submits that there is a considerable

delay in lodging of the F.I.R.. The incident is allegedly taken place on

09/02/2026, whereas the same is reported on 16/02/2026.           There is no

explanation for the delay caused. The Applicant was running a dance party,

wherein the complainant was also working as one of the dancers.             The

allegations of rape are deliberately made to falsely implicate the present

Applicant in the said crime due to some dispute between the Applicant and

the complainant. The Applicant was arrested on 11/03/2026. The entire

investigation is already complete and the chargesheet is also filed. There are

no neighbouring witnesses who have seen the Applicant forcibly taking away

the complainant and allegedly committing the forcible sexual intercourse.

The Applicant is not having any criminal antecedents and is ready to abide by

any conditions that may be imposed by this Court. Hence, the Applicant may

be released on regular bail.

4.    Learned A.P.P. on the other hand strongly opposed the bail application

on the ground that the Applicant is involved in serious offence of rape on a

girl aged 21 years. The offence is punishable with life imprisonment, which

mean remainder of life. The Applicant had taken undue advantage of the

complainant, who is working with his dance party and has systematically

exploited the victim girl and committed rape on her. The medical evidence

corroborates the allegations. Thus, after completion of investigation,


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chargesheet is filed.   If the Applicant is released on bail, there is every

likelihood that the Applicant may threaten the prosecutrix and thereby cause

prejudice to the prosecution’s case. Hence, the Application may be rejected.

5.    Learned counsel for the complainant, who has filed his V.P. in the Court

today along with his Affidavit submits that the F.I.R. is lodged out of

misunderstanding and the matter is amicably settled between the Applicant

and the complainant. The Affidavit to that effect is placed on record and

marked as “X” for identification.

6.    Taking into consideration the nature of allegations and the

considerable delay in lodging the F.I.R. for forcible sexual intercourse and

taking into consideration the “no objection” filed by the complainant herself,

the submission that the Applicant is falsely implicated in the present crime

appears to be probable. I am thus inclined to exercise discretion under

Section 483 of B.N.S.S. for releasing the Applicant.      The investigation is

already over. The chargesheet is also filed. The Trial will take its own time to

conclude. No fruitful purpose will be served by further incarceration of the

Applicant. Hence, the following order :-

                                        ORDER

       i.    The Application is allowed.
       ii.   The Applicant - Anand Shivaji Sabale be released on bail in
             connection with F.I.R. No. 117 of 2026, dated 16/02/2026,
             registered with Mohol Police Station, District Solapur Rural, for


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              the offences punishable under Sections 64(1), 351(2), 351(3)
              of the Bharatiya Nyaya Sanhita, 2023, on furnishing P.R. Bond
              of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two
              solvent sureties in the like amount, on the following
              conditions :-


              (A)   The Applicant shall attend the concerned Police Station
                    once in every two months starting from 01/08/2026.
              (B)   The Applicant shall not pressurize the prosecution
                    witnesses and shall not tamper with the prosecution
                    evidence, in any manner.
              (C)   The Applicant shall submit his Aadhar Card and Pan Card
                    to the Investigating Officer along with mobile numbers
                    and addresses of two of his near relatives.



7.    Needless to say, a single violation of any of the conditions imposed by

this Court shall entitle the prosecution and the complainant to seek

cancellation of bail of the present Applicant.

8.    The Application stands disposed off accordingly.



                                       [ MEHROZ K. PATHAN, J. ]




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