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2025:BHC-AS:56758 616 ABA 3526.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.3526 OF 2025

Sandeep Sudhakar Kedare …Applicant

Versus

BHALCHANDRA

GOPAL State of Maharashtra …Respondent

DUSANE

Digitally signed by

BHALCHANDRA

GOPAL DUSANE Mr. Rameshwar N. Gite a/w Mr. Sandesh S. Shinde and Pratiksha

Date: 2025.12.22

Shelke, for Applicant.

19:55:01 +0530

Ms. R.V. Newton, APP for the State.

PC, P.P. Kabade, Upnagar Police Station, Nashik City present.

CORAM: MADHAV J. JAMDAR, J.

DATED : 22^nd December 2025

P.C.:

1. Heard Mr. Gite, learned Counsel appearing for the Applicant

and Ms. Newton, learned APP for the State.

2. By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant is seeking

pre-arrest bail in connection with C.R. No.491 of 2025 registered

with Upnagar Police Station, Nashik City, for the offences

punishable under Sections 64, 75, 318(4), 316(2) of the Bharatiya

Nyaya Sanhita, 2023 (“BNS”).

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616 ABA 3526.2025.DOC

3. Mr. Gite, learned Counsel for the Applicant submits that in

the facts and circumstances, the Applicant is entitled for

anticipatory bail.

4. On the other hand, Ms. Newton, learned APP strongly

opposes the Application. Learned APP submits that the offence is

serious.

5. The prosecution case is set out in paragraphs 6 and 7 by the

learned Additional Sessions Judge, Nashik Road in the Order dated

4^th December 2025, which reads as under:-

“6. As per FIR, the informant-victim is a teacher. The

accused has taken the phone number of the victim after a

parents meeting under the garb of taking stationery from

the shop of her husband. Repeatedly following her,

sending messages. On 20/09/2017, he called the victim

in the Hotel Raj Residency and forcibly had physical

relations. The accused has taken rupees 2 Lakh cash

from the victim and also gold bangles, weighing 5 tola.

6. On perusal of material on record, prima facie it

appears that the victim and accused had physical

intimacy since the year 2017. In these premises, it is

hard to digest that he had forcible physical relations with

the victim. But at the same time, there is also an

allegation of taking gold ornaments and cash amount

from the victim under the garb of marriage. Also,

allegations of making viral the photos and videos. It is

also pertinent to note that there are other complaints

against the accused regarding the cheating against the

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616 ABA 3526.2025.DOC

present applicant. In these premises, the custodial

interrogation is necessary for logical end of the case.

Granting anticipatory bail would amount to entering into

the sphere of investigation. The investigation is still

going on, the charge-sheet is not filed. The applicant is

not entitled for relief claimed. Hence, the following order

is passed.”

7. Perusal of the F.I.R. lodged by the First Informant shows that

the First Informant and the Applicant both are married and they

are in consensual relationship since 2017. Thus, in the facts and

circumstances, case is made out for grant of pre-arrest bail. Hence,

following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Sandeep

Sudhakar Kedare be released on bail in C.R. No.491 of

2025 registered with Upnagar Police Station, Nashik

City, on executing P.R. bond of Rs.25,000/- and

furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police

Station on 29^th December 2025 and 30^th December

2025 between 11.00 a.m. to 2.00 p.m. and thereafter

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616 ABA 3526.2025.DOC

as and when called by the Police and shall co-operate

with the investigation.

(iii) The Applicant shall furnish his cell phone number and

residential address to the Investigating Officer and

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