The court granted anticipatory bail despite serious allegations, emphasizing that a completed investigation may permit such relief, subject to conditions to protect the complainant's interests.

JUDGMENT :

MADHAV J. JAMDAR, J.

1. Heard Mr. Icham, learned Counsel appearing for the Applicants in Anticipatory Bail Application No.1794 of 2025, Anticipatory Bail Application No.1465 of 2025 & Anticipatory Bail Application No.1800 of 2025, Mr. Pawar, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.1456 of 2025, Ms. Netwon, learned APP for the Respondent– State and Ms. Komal Sinha, learned Counsel appearing for the Respondent No.2 -First Informant.

2. The details of the Applicants are as under:-

3. By these applications filed under Section 482 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 (“ BNS S ”) the Applicants are seeking pre-arrest bail in connection with C.R. No.83 of 2025 registered on 09^th April 2025 with Malegaon Police Station, Pune Rural, Pune for the offences punishable under Sections 64 (2)(m), 70(1), 61, 55, 308(2), 308(5) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (“ ”).

4. As per the prosecution case, the Respondent No.2- Victim was sexually assaulted. It is a prosecution case that Accused No.1- Ganesh Sarjerao Pawar in September, 2023 visited the house of the First Informant when her family members were not in the house and sexually assaulted her and taken her photographs. It is the prosecution case that by threatening that said photographs would be made viral, she was sexually assaulted on multiple occasions mainly by Accused Nos. 1 and 2 also by other Accused persons.

5. Mr. Amit Icahm and Mr. Samay Pawar, learned Counsels appearing for the Applicants submitted that the investigation is completed and charge-sheet is filed. There are no other antecedents against the Applicants. It is submitted that the relationship with Respondent No.2 is of consensual relationship and therefore pre-arrest bail be granted. Both of them submitted that the Applicants will comply with the terms and conditions imposed by this Court..

6. On the other hand, Ms. Newton, learned APP and Ms. Sinha, learned Counsel appointed to represent the interest of the Respondent No.2, strongly oppose the Anticipatory Bail Applications. Both of them submitted that the offence is very serious where the Respondent No.2 has been sexually assaulted by threatening that her photographs would be made viral. Both of them further submitted that, therefore, the custodial interrogation is necessary.

7. Perusal of the record shows that a learned Single Judge granted ad-interim protection by order dated 18^th June 2025 passed in Anticipatory Bail Application No.1465 of 2025 filed by the Accused No.1- Ganesh Sarjerao Pawar and the same has been continued subsequently in other Anticipatory Applications.

8. Perusal of the record further shows that, even before a learned Single Judge granted interim protection on 18^th June 2025 on 06^th June 2025 charge-sheet was already filed. During the investigation the mobile of Accused Nos.1 and 2 has been taken into custody by the Investigating Officer and the same has been sent to Forensic Laboratory.

9. Perusal of the record shows that the allegations are very serious. However, as the investigation is completed and a learned Single Judge has already granted protection by order dated 18^th 2025 by imposing stringent conditions Anticipatory Bail Applications can be allowed.

10. Ms. Newton, learned APP and Ms. Sinha, learned Counsel appointed to represent the interest of the Respondent No.2 submit that in case this Court is granting pre-arrest bail to the Applicants, then conditions be imposed that the Applicants will not en