Pratik Bhaskar Dhage Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Pratik Bhaskar Dhage Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail protection: interim protection granted on 23.01.2025 confirmed, subject to conditions (attendance at police station as required by the Investigating Officer; no tampering with evidence or influencing of informant/witnesses; cooperation with investigation and trial; no contact with informant), with liberty for cancellation on violation.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No.459/2024 registered at Kallamb Police Station, District Dharashiv, for offences punishable under Sections 63(a), 64(2)(m), 351(2) of the BNS, is entitled to anticipatory bail / confirmation of the interim protection already granted.

Court's answer

Given that the relations between the applicant and the victim extended over a period of time (July, September and November 2024), and there are Whatsapp chats and exchange of general photographs between the parties, the possibility that the relations were consensual cannot be ruled out.

Ratio / Principle

The interim protection granted by order dated 23.01.2025 stands confirmed on specified terms.

Key takeaways

The confirmed protection is subject to conditions: the applicant shall attend the police station as and when required by the Investigating Officer; shall not tamper with prosecution evidence or influence the informant, witnesses and others; shall cooperate with the investigation and trial Court proceedings; and shall not contact the informant.ratio¶20
In the event the applicant violates any of the conditions specified in the order, the protection shall be liable to be cancelled.ratio¶26
The observations in the order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed without being influenced by them.

Detailed headnote1 paragraphs

Anticipatory Bail — Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J.), 06.02.2025 — Applicant (aged about 20) apprehending arrest in Crime No.459/2024 dated 29.12.2024, Kallamb Police Station, District Dharashiv, for offences under Sections 63(a), 64(2)(m), 351(2) of the BNS — Medical report and Section 183 BNSS statement showed the victim (aged about 21) maintained relations with the applicant in July 2024, September 2024 and November 2024 — Relations spread over a period of time, coupled with Whatsapp chats and exchange of general photographs, meant the possibility of consensual relations could not be ruled out — Interim protection granted on 23.01.2025 confirmed subject to conditions (appearance as and when required by Investigating Officer, no tampering with evidence or influencing informant/witnesses, cooperation with investigation and trial, no contact with informant), breach entailing cancellation — Observations confined to disposal of the anticipatory bail application; trial Court to proceed uninfluenced.

2025:BHC-AUG:3378

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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942 ANTICIPATORY BAIL APPLICATION NO. 108 OF 2025

PRATIK BHASKAR DHAGE VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. Kulkarni Suvidh S. APP for Respondent/State: Mr. B. B. Bhise

CORAM : ARUN R. PEDNEKER, J.

DATE : 06.02.2025

P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.459/2024, dated 29.12.2024, registered at Kallamb Police Station, District Dharashiv, for the offences punishable under Sections 63(a), 64(2)(m), 351(2) of the BNS.

3] This court by order dated 23.01.2025, prima facie, considering that there is consensual relations between the applicant and the victim has granted interim protection to the applicant. The applicant is aged about 20 years and victim is aged about 21 years.

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4] The learned APP, today, produced the medical report and Section 183 BNSS statement. From the same, it appears that the victim has maintained the relations with the applicant in the month of July 2024, thereafter, in the month of September 2024 and again in the month of November 2024.

5] Considering that the relations are over the period of time, the possibility that they are consensual cannot be ruled out, more particularly, when there are Whatsapp chats and exchange of general photographs between the parties.

6] In view of the above, the interim protection granted by order dated 23.01.2025 stands confirmed, on the following terms:

i] The applicant shall attend the police station as and when required by the Investigating Officer.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

iv] The applicant shall not contact the informant.

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7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

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