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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Ajaykumar Nandkumar Chincholkar – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual basis for anticipatory bail application. (Para 1 , 2 , 3) |
| 2. arguments for and against bail application. (Para 4 , 5 , 6) |
| 3. court's analysis of case facts and prior rulings. (Para 7 , 8 , 9) |
| 4. application of precedent to anticipatory bail context. (Para 10 , 11 , 12) |
| 5. order granting anticipatory bail with conditions. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Gite, learned Counsel appearing for the Applicant, Ms. Sawant, learned Counsel appearing for the Respondent No2. and Mr. Karmakar, learned APP for the Respondent- State.
2. By this applications filed under Section 482 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 (“ BNSS ”) the Applicant is seeking pre-arrest bail in connection with C.R. No.327 of 2025 registered on 14th October 2024 with Indira Nagar Police Station, District Nashik for the offences punishable under Sections 376 , 420 and 506 of the Indian Penal Code, 1860 (“ IPC ”).
3. The prosecution case set out in paragraph No.2 of order dated 22nd October 2024 passed by a learned Additional District and Sessions Judge, Nashik in Criminal Bail Application No.2166 of 2024, which reads as under :-
“2. It is the case of the
Anticipatory bail can be granted despite serious allegations if investigation is complete and there is no indication of misuse of prior protection granted by the court.
A promise of marriage does not constitute rape if the relationship was consensual and there is no evidence of a false promise from the beginning.
Consensual relationships without fraudulent intent do not sustain allegations of deceit under the Bharatiya Nyaya Sanhita.
The court established that a consensual relationship does not constitute a criminal offense if there is no proven intent to deceive regarding marriage.
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