Bombay High Court

ABHISHEK KAILASHNATH SINGHversusSTATE OF MAHARASHTRA AND ANR.

Decided: 8 April 2026
Disposal: Allowed
Bench: R M JOSHI

Holding

Bail was granted to the applicant with conditions.

Summary

The applicant was charged under Sections 351(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 for allegedly establishing sexual relations on a false promise of marriage, later revealed to be already married. The prosecutrix (Respondent No.2) filed a No Objection affidavit stating that no offence was made out under Section 69 of the BNS. The State opposed bail, but the court noted the prosecutrix’s own statement, the applicant’s clean record, and lack of flight risk. Consequently, the court granted bail with a personal bond of Rs.15,000 and a surety, imposing conditions not to contact the prosecutrix or witnesses and to attend all hearings. The bail application was disposed of in the applicant’s favour.

Issues considered

Whether bail should be granted in offences under Sections 351(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 when the prosecutrix records a No Objection and claims no offence under Section 69.
Whether the applicant poses a flight risk or threat to the investigation warranting denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 64(2)(m), 69

Subjects

bail
false promise of marriage
sexual relations
Bharatiya Nyaya Sanhita
Section 351
Section 64
Section 69
no objection affidavit
criminal procedure

Judgment

                                                    29-BA-4344-2025.DOC




                                                                 Shivgan


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION


                BAIL APPLICATION NO. 4344 OF 2025

Abhishek Kailashnath Singh                              …Applicant
      Versus
State of Maharashtra & Anr.                             …Respondents


Mr. Sundeep Singh, with Mahendra Yadav and Mansi Singh, for the
      Applicant.
Ms. S. D. Shinde, APP for the Respondent-State.
Mr. Pooja Ramesh Pradhan, for the Respondent No.2.
Mr. Sopan Wadkar (Pairavi), PSI attached to Sakinaka Police
      Station, present.


                     CORAM:          R. M. JOSHI, J.
                     DATED:          8th APRIL, 2026.
PC:-


1.     The Applicant seeks bail in connection with Crime No. 160
of 2025 dated 2nd March 2025, registered with Sakinaka Police
Station, Brihanmumbai City, for the offences punishable under
Sections 351(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita,
2023 (‘BNS’).

2.     It is the case of the Prosecutrix that on a false promise of
marriage, the Applicant established sexual relations with her. She
claims that later on, it was revealed that the Applicant is already
married. On the basis of the said report, the offence came to be




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                              8 April, 2026.
                                                  29-BA-4344-2025.DOC




registered against the Applicant. He was arrested on 15 th March
2025. Now, the charge-sheet is filed.

3.    At the outset, learned counsel for the Respondent No.2,
records ‘No Objection’ for grant of bail to the Applicant. She refers
to the affidavit dated 10th December 2025 filed by the Respondent
No.2, stating that in a fit of anger, the report came to be lodged
and that no offence is made out under the provisions of Section 69
of the BNS.

4.    Though, the learned APP opposes the Application, on the
basis of said ‘No Objection’ recorded by the Prosecutrix, who is
major, indicates the fate of the trial. In any case, once the
Respondent No.2-Prosecutrix herself states that no offence has
been made out under Section 69 of the BNS, this Court finds no
reason not to allow the Application. The Applicant has no criminal
history behind him and is not likely to flee from justice. Hence, the
following order:-
                                    ORDER
      (i) The Bail Application stands allowed in connection with
      Crime No. 160 of 2025 dated 2 nd March 2025 registered with
      Sakinaka Police Station, Brihanmumbai City;

      (ii) The Applicant be released on bail on furnishing P.R. Bond
      of Rs.15,000/- with one surety in the like amount to the
      satisfaction of the Trial Court;

      (iii) The Applicant not to contact the Prosecutrix or any
      witness in this Crime in any manner whatsoever;




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                                                     29-BA-4344-2025.DOC




          (iv) The Applicant to attend all the dates of hearing before
          the Trial Court except exempted by a specific order by the
          Trial Court;

5.        The Bail Application stands disposed of.

                                                     (R. M. JOSHI, J.)
                                                                         {




          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.04.08
          16:30:31
          +0530




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