ANIKET DILIP JAISWALversusTHE STATE OF MAHARASHTRA

                                                                                 40. BA 563-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                            BAIL APPLICATION NO. 563 OF 2026

                      Aniket Dilip Jaiswal                                  .Applicant

                                 Vs.

                      The State of Maharashtra                              .Respondent

                      Mr. R. B. Thombare a/w. Mr. S. S. Kharat, Advocates, for the Applicant
ANAND                 Ms. Sangeeta E. Phad, APP, for the Respondent – State
SUDHAKAR
SUDAME                Ms. Aafreen Shaikh, appointed Advocate for Respondent No.2
Digitally signed by
ANAND SUDHAKAR
SUDAME                                       CORAM : MILIND N. JADHAV, J.
Date: 2026.10.07
16:14:01 +0530

                                             DATE     : 05.10.2026
                      P. C.

                      1.      Heard Mr. Thombare, learned Counsel for the Applicant and Ms.

                      Phad, learned APP for Respondent No. 1 – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) and the Code of

                      Criminal Procedure, 1973 (for short “CRPC”) in connection with

                      C.R.No.177       of   2025    registered   with   Lonavala Police   Station,

                      Pune(Rural) for offences punishable under Sections 69 & 318(4) the

                      Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).

                      3.      On 31.08.2026, the following order was passed which reads as

                      under :-



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        “1. Heard Mr. Thombare, learned Advocate for
        Applicant; Ms. Phad, learned APP for State and Ms.
        Shaikh, learned appointed Advocate for Respondent No.
        2.

        2.    In compliance of the order dated 19.08.2026, Ms.
        Shaikh, learned appointed Advocate appears for
        Respondent No. 2. Copy of the Application has been
        given to her in Court.
        3.     Learned Advocate for Applicant would submit
        that prosecutrix who is an adult and the Applicant are
        almost of the same age i.e. 25 year old and the
        relationship between them was consensual in nature.
        He would refer to and rely upon the WhatsApp chat
        which are appended at page No. 86 of the present
        Application. He would also refer to and rely upon the
        bank statements appended at page Nos. 96 to 152 of
        the Application.
        4.    In view of the above, Ms. Shaikh, learned
        appointed Advocate is directed to take appropriate
        instructions and accordingly apprise the Court on the
        next adjourned date.
        5.   Stand over to 7th September, 2026.”

4.      Ms. Shaikh, learned appointed Advocate for Respondent No.2 –

victim would adopt the submissions of the learned APP and urge the

Court to deny grant of bail to Applicant on account of severity of crime

committed by him. She would submit that Applicant deceived the

victim by falsely representing to her that he would marry her and

therefore established sexual relations with her. She would submit that

assault is committed by Applicant and therefore Applicant does not

deserve any leniency and should not be released on bail.


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5.      It is prima facie seen that both the Applicant and the victim are

of the same age that they are adults and they were in a consensual

relationship for quite some time which is prima facie evident from the

material which is placed on record from page No. 86 on wards. I have

perused the same. The victim herself has stated in her several

statements before the Investigating Officer as also recorded during her

Medico Legal examination that she befriended Applicant on Instagram

in the year 2021 and from May, 2021 onwards, they both engaged in a

physical relationship, rather consensual protected physical relationship

on several occasions thereafter. Considering the statements of the

victim appended to the present Application and the fact that there is no

element of force, abuse or violence been alleged in the said relationship

between parties, I am inclined to accept the case of Applicant for grant

of bail.

6.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Aniket Dilip Jaiswal is directed to be

                 immediately released from prison in connection with

                 CR. No. 177 of 2025;


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        (ii) Applicant is directed to be released on bail on furnishing

             P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only)

             with one surety of the like amount;


        (iii) Applicant shall report to the Investigating Officer at

             Lonavala Police Station, Pune(Rural), once every month,

             on the first Monday of the month between 10:00 a.m. to

             12:00 p.m. until commencement of trial and thereafter

             shall attend all dates of hearing before the Trial Court;


        (iv) Applicant shall co-operate with the conduct of the trial

             and remain present before the Trial Court on all dates,

             unless specifically exempted. Applicant shall not seek

             unnecessary adjournments. Any such conduct shall

             entitle the prosecution to apply for cancellation of bail;


        (v) Applicant shall not leave the State of Maharashtra

             without prior permission of the Trial Court;


        (vi) Applicant shall not influence any of the witnesses or

             tamper with the evidence in any manner;


        (vii) Applicant shall keep the Investigating Officer informed

             of his current residential address and mobile telephone

             number and shall forthwith inform the Investigating

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                  Officer of any change in his residential address or

                  mobile telephone number, as and when such change

                  occurs; and


            (viii)Any breach or infraction of any of the aforesaid

                  conditions shall entail cancellation of the bail granted to

                  the Applicant.


7.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


8.      This Court appreciates the assistance rendered by Ms. Shaikh,

learned Advocate appointed through the Legal Aid to espouse the cause

of Respondent No. 2. Her fees are to be paid by the High Court Legal

Aid Services Authority as per rules on production of a server copy of

this order and other compliances in accordance with the decision of

this Court in the case of Sanjyot Nitin Telharkar v. The State of

Maharashtra & Anr.1 and the Schedule under Regulation 18(1) of the

Maharashtra State Legal Services Authority Rules, 1998.
1
     Judgment dated 25.09.2024 passed in Misc. Civil Application No. 134 of 2024

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9.      Bail Application is allowed and disposed in the above terms.




                                                 (MILIND N. JADHAV, J.)




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