The Court exercised its jurisdiction under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the appellant, balancing personal liberty with the need for investigation and protection of the victim through specific restrictive conditions.

O R D E R

Leave granted.

These appeals challenges the orders dated 15.04.2025 and 11.11.2025 passed by the High Court of Judicature at Bombay in Anticipatory Bail Application Nos.915 of 2025 and 1504 of 2025 respectively.

These appeals arise out of crime registered pursuant to FIR No.232 of 2025 dated 09.02.2025 lodged with PS Narpoli, Bhiwandi, District Thane, registered under Section 64 of the Bharatiya Nyaya Sanhita, 2023, along with Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. Anticipating arrest in connection with this crime, the appellant preferred Anticipatory Bail Application No.915/2025. By impugned order dated 15.04.2025, the High Court rejected the plea for anticipatory bail. Thereafter, the appellant preferred a second Anticipatory Bail Application No.1504/2025. By impugned order dated 11.11.2025, the High Court once again rejected the plea for anticipatory bail.

Vide order dated 01.12.2025, this Court issued notice in the instant matter and directed that no coercive steps shall be taken as against the petitioner herein in relation to the aforementioned FIR.

We have heard learned counsel appearing for the appellant in support of the appeal and learned counsel appearing for the first respondent-State.

Learned senior counsel appearing for the appellant submitted that the appellant and the so called victim were in fact in a relationship and subsequently owing to certain disputes there was also compromise drawn up on 27.10.2024; that the so-called victim has since married and continued the relationship with the appellant herein. It is only when her husband came to know about this relationship that the FIR was lodged on 09.02.2025. Thereafter investigation has been carried out. However, the trial court as well as the High Court refused to grant anticipatory bail; that this court by its interim order has granted protection and therefore the interim order may be made absolute subject to the terms and conditions to be imposed.

Per contra, learned counsel for the first respondent-State with reference to the counter-affidavit contended that the appellant has been absconding; he has not cooperated with the investigation and therefore, the impugned orders would not call for any interference. Hence, the appeals may be dismissed.

Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

We, therefore, allow these appeals and set aside the orders passed by the High Court of Judicature at Bombay dated 15.04.2025 and 11.11.2025.

We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.

It is directed that the appellant shall extend complete cooperation in the ensuing investigation.

The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

The appellant shall not make any attempt to contact the so-called victim.

Further the appellant shall not publish any photographs or videos of the so-called victim on any media whatsoever.

Any infraction of the aforesaid conditions may entail cancellation of anticipatory bail granted by this Court.

With the aforesaid directions, the Criminal Appeals are allowed.