PRAFULKUMAR RAICHAND LODHAversusTHE STATE OF MAHARASHTRA

HEMANT
CHANDERSEN            H.C.SHIV                                                    901.BA975.26.DOC
SHIV

Digitally signed by
HEMANT
CHANDERSEN SHIV                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.10.09                      CRIMINAL APPELLATE JURISDICTION
20:18:35 +0300
                                   CRIMINAL BAIL APPLICATION NO.975 OF 2026
                      Prafulkumar Raichand Lodha                            …Applicant
                                 V/s.
                      The State of Maharashtra & Anr.                       …Respondents


                      Mr. Sachin R. Desai with Mr.Jagtap for the Applicant.
                      Mr. Amit Munde, Addl.P.P. with Ms. Veera Shinde, APP for
                      Respondent-State.
                      Mr. Vipul Dushing with Mr.Govind Munde for the Intervenor.
                      Mr. Vishal Gaikwad, API, MIDC police station present.


                                                  CORAM:        SHYAM C. CHANDAK, J.
                                                  DATED :       7th OCTOBER 2026
                      P.C. :-

                      1.         Heard learned Counsel for the parties. Mr. Desai, the learned
                      Counsel tendered certain news paper cuttings and medical papers of
                      another crime registered against the applicant. It is taken on record
                      and marked “Y” colly. for identification.

                      2.         Present Application seeks release of the applicant on bail in
                      connection with an FIR bearing Crime No.486 of 2025, registered
                      with MIDC police station, Andheri, Mumbai for the offence
                      punishable under Sections 351 (2), 69, 318 (4) of the Bharatiya
                      Nyaya Sanhita, 2023 (“BNS”) on the report dated 8 th July 2025,
                      filed by Respondent No.2 (“the victim”).

                      3.         The prosecution case is that, in December 2024, the applicant
                      and the victim got acquainted with each other at Rajeshri Shahu
                      Maharaj Jogging Track, at Nashik. Thereafter, they both met with
                      each other on 7 to 8 occasions at the same place. During said
                      meetings, the applicant obtained the details about the family and


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H.C.SHIV                                                     901.BA975.26.DOC



educational background of the victim and told her that, he has
acquaintance in the Mantralaya and he would get her a job. He also
impressed upon her that he had helped many needy women in
getting them job. Since the applicant appeared to be a helpful
person, the victim trusted him and shared her contact details with
him. During further meetings between January to February 2025 at
the same jogging track, the applicant told the victim that he was
making efforts to find a job for her.

3.1        As the prosecution story goes further, on 3 rd April 2025,
victim came to Mumbai, to search for a job as advised by her
childhood friend who has been residing in Mumbai and, since then
the victim was residing with her friend. However, she did not get
any job. Therefore, in May 2025, the victim contacted the applicant
on phone and told him that she was in dire need of a job. In reply,
the applicant assured her that, he would get her a job in the
Government Hospital.

3.2        On 14th June 2025, the applicant phoned the victim and called
her to certain hotel at 11.00 am, on the pretext of discussing with
her about a job. During discussion, the applicant told the victim that
he would get her a job in the Government Hospital. The victim told
the applicant that her friend was also in need of a job. Therefore, the
applicant told the victim to bring her friend to meet him.
Thereafter, when the victim was about to leave, hugging her, the
applicant remarked that she is of a good nature and looks beautiful.

3.3        It is alleged that, thereafter, on one day, the applicant again
called the victim at the same hotel, in a certain room. When the
victim went there, the applicant hugged and offered her a flower
bouquet. Further, the applicant praised her appearance and asked
whether she and her friend were in need of money. On the next day,
the applicant again phoned the victim and called her in the same

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H.C.SHIV                                                     901.BA975.26.DOC



hotel saying that her job is fixed. The victim went there. At that
time, the applicant hugged her. Further, the applicant took her to a
mobile shop and bought her a new mobile phone. Thereafter, one
day, as called by the applicant, the victim along with her friend went
to meet the applicant in the same hotel. At that time the applicant
assured the victim and her friend that he would get job for both of
them and as suggested by him, the two had attended an interview in
Lodha Company, but they did not get any job.

3.4        It is alleged that on 19th June 2025, the applicant phoned the
victim and asked her to come to the same hotel on the pretext that
her job got fixed. At about 2.00 pm the victim went there. However,
the applicant committed forcible sexual intercourse with the victim,
against her will. Thereafter, when the victim was escaping, the
applicant threatened her that he has her video and photo, if she
discloses the said incident to anyone, he would make said video and
photo viral. Thereafter, the victim lodged a report on 8th July 2025,
leading to registration of the crime and arrest of the applicant. On
completion of the investigation, police filed the charge-sheet. The
trial Court refused the applicant’s prayer for bail.

4.         Mr. Desai, the learned Counsel submitted that, earlier, the
applicant was working with certain political leader of one party. Due
to his differences with said leader, the applicant joined another
political party in the year 2024. Therefore, the applicant has been
falsely implicated in this case at the instance of said political leader
with whom he was associated for long time. To substantiate the
same, Mr. Desai pointed the news paper cuttings.

4.1        In addition, Mr. Desai, pointed that although the victim
alleged the act of rape against the applicant, she refused for her
medical examination to confirm the same. There is an unnatural
delay in lodging of the report by the victim. No objectionable photos

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H.C.SHIV                                                     901.BA975.26.DOC



or videos of the victim were found in the seized mobile phone of the
applicant. Thus, the delay in the Report falsifies the prosecution
case. He submitted that on 5 th July 2025, similar offence was
registered against the applicant on the Report lodged by her said
friend. In this earlier crime, when the applicant was medically
examined, the Medical Officer opined that the applicant has been
suffering from erectile dysfunction which is fortified by the fact that
the applicant is aged more than 62 years. However, in the present
crime, after the medical examination, the Medical Officer opined
that the applicant does not have such abnormality, which is false.
Because, during the course of said medical examination at K.E.M.
Hospital, the applicant was given four injections at his private part,
which resulted into serious medical complications. As a result, the
applicant was referred to J.J. Hospital as an emergency case.
Where, the medical treatment saved him. Two such cases are also
registered against the applicant subsequent to the registration of the
present crime. These circumstances coupled with the news paper
cuttings clearly indicate that the applicant has been falsely
implicated in this case due to the political rivalry.

4.2        Mr. Desai submitted that the applicant has been suffering
from poor eyesight and he is not able to take his proper care. The
investigation is over. The evidence of the victim is part-heard. No
prosecution witness is influenced by the applicant, directly or
indirectly. Therefore, the applicant is entitled for bail.

5.         In reply, Mr. Munde, the learned Addl.P.P. submitted that,
the narration of the victim in her report clearly indicate that on the
pretext of giving her a job, the applicant had repeatedly called her in
the said hotel and committed rape on her. This fact is corroborated
with the CCTV footage of the hotel, CDRs of the mobile phones of
the victim and the Report of alleged rape filed against the applicant,

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H.C.SHIV                                                     901.BA975.26.DOC



by the friend of the victim. Mr. Munde submitted that the testimony
of the victim is consistent with her Report. Therefore, at this stage,
it cannot be maintained that the applicant has been falsely
implicated in this case due to political enmity. Therefore, bail may
be refused.

6.         I have considered these submissions. In the Report, the
victim has categorically narrated as to how the applicant used to call
her in the said hotel on the pretext of giving her a job. During said
visits, the applicant used to hug her and praise her appearance.
Lastly, as alleged, he raped her. The narration in the Report about
visits of the victim to that hotel is supported with the CCTV footage
and the CDRs, which is not disputed by the learned Counsel for the
applicant. It is difficult to understand as to why all the time it was
necessary for the applicant to call the victim to meet him in that
hotel only. Therefore, prima facie, it can be said that the victim was
in dire need of a job, as both of her parents had passed away and,
the applicant, by taking advantage of the said situation of the
victim, committed rape on her. This conclusion is supported with
the medical report of the applicant. Therefore, at this stage, the
inconsistency in the medical reports of the applicant, highlighted by
Mr. Desai, is not sufficient to doubt the narration of the victim.

7.         Secondly, there is nothing on record indicating that the victim
had some connection with the political leader at whose instance, as
claimed by the applicant, he has been falsely implicated in this case.
No doubt, the news pointed from the news paper cuttings indicate
about certain dispute between the applicant and his rival political
party. As per the submissions, the said dispute was started in the
year 2021. However, meanwhile, the applicant was not booked in
any criminal case on account of that dispute. Therefore, considering
the facts of the case, that the victim has testified in line with her

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H.C.SHIV                                                      901.BA975.26.DOC



Report and that, the hearing of the case is at an initial stage, it is
difficult to prima facie conclude that the applicant has been falsely
implicated in this case.

8.         In the backdrop, the applicant is not entitled to be released on
bail. Hence, the application is rejected.

9.         It is clarified that any observation made in the present order
are for the purpose of deciding the present Bail Application and
should not influence the outcome of the trial and also not be taken
as an expression of opinion on the merits of the case.

10.        Bail Application stands disposed of in aforesaid terms.



                                   (SHYAM C. CHANDAK, J.)




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