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2025:BHC-AS:56995

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1349 OF 2025

XYZ … Applicant

V/s.

The State of Maharashtra … Respondent

WITH

INTERIM APPLICATION NO.2762 OF 2025

IN

ANTICIPATORY BAIL APPLICATION NO.1349 OF 2025

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Mr. Ganesh Gupta a/w Mr. Sahil Ghorpade, Mr. Surya P. Gupta, Ms. Roshni

Naaz, Mr. Madan Khansole, Ms. Priyanka Rathod & Mr. Tushar Gaikwad

i/by M/s. G.G Legal Associates for the Applicant.

Ms. M. M. Deshmukh, GP & PP a/w Mr. P. H. Gaikwad, APP for the

Respondent-State.

Mr. Sachin Pawar for the Applicant in IA/2762/2025.

API Sunil Tarmale, HC Abhijit Gaikwad, Anti Extortion Cell, Crime Branch

are present.

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Digitally

signed by

MUGDHA

MUGDHA MANOJ CORAM : N.R. BORKAR, J.

MANOJ PARANJAPE

PARANJAPE Date:

2025.12.23 DATE : 22ND DECEMBER 2025

16:43:17

+0530

P.C. :

1. This is an Application for anticipatory bail.

2. The Applicant is apprehending her arrest in Crime No.1633 of 2024

registered with Kalwa Police Station for the offences punishable under

Sections 3(5), 308(7), 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case in brief is that the complainant is posted as the

Assistant Commissioner of Police at Kalwa Police Station, Thane. It is

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alleged that in July 2024, the complainant received a call from the present

Applicant stating that she obtained his number from his gym and that she

needed his help. The complainant, in response, told her to visit his office.

However, the Applicant repeatedly contacted the complainant, insisting

him to meet her outside, as well as there was a frequent exchange of

formal messages between them on WhatsApp. Subsequently, upon the

persistent requests of the Applicant, the complainant agreed to meet her at

TFT Family Hotel. At that time, the Applicant told the complainant that

she was a widow, educated till 8^th Standard and requested him to provide

her a job, which he refused. Further, the Applicant told him that her

daughter is studying in college and requested to help her secure

appropriate employment, which the complainant agreed. On 17^th August

2024, while the complainant and his friend, Mr. Karle, were having

refreshments at the complainant’s flat, the Applicant requested to meet

him. The complainant shared his address and called her to his flat. The

complainant offered the Applicant some water and thereafter, she asked

him whether he liked her and further questioned why he had not called

her earlier, despite residing alone in that flat. The complainant doubted

her intentions and asked her to leave. As such, the Applicant left within 5

to 7 minutes of arrival. Subsequently, on 07^th October 2024, the Applicant

filed a complaint against the complainant and said Karle, falsely alleging

that they had committed forcible sexual intercourse with her on 17^th

August 2024. Subsequent to the filing of the said complaint, the

complainant and said Karle received several calls from unknown persons,

purportedly speaking on behalf of the Applicant. It is alleged that a

demand of Rs.40,00,000/- was made for the purpose of settling the matter

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and withdrawing the said complaint. Furthermore, the complainant was

allegedly threatened that they would ruin his career if he failed to pay the

said amount.

4. I have heard Learned Counsel for the Applicant, Learned PP for the

Respondent-State and Learned Counsel for the Complainant-Intervenor.

5. Learned Counsel for the Applicant submits that on 17^th August

2024, the Applicant was subjected to forcible sexual intercourse by the

complainant and his friend at his flat, by mixing an intoxicating substance

in her drink. It is submitted that consequently a complaint was filed

against them by the Applicant. It is submitted that the present crime is

t