Karan Pradip Kachwaha Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Karan Pradip Kachwaha Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection granted by order dated 15.07.2024 stands confirmed subject to the four conditions imposed (police-station attendance as required; no tampering/influencing; co-operation with investigation and trial; no involvement in similar offences), breach being liable to cancellation.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No.0295/2024 (offences punishable under Section 376 r/w. 34 IPC) for allegedly maintaining sexual relations with the informant on a false promise of marriage, is entitled to confirmation of the interim anticipatory-bail protection. +1 more

Court's answer

The prosecution/complainant's allegation that the applicant is a habitual person indulging in similar offences with other girls is unsupported — there is no record produced by the prosecution indicating the same.

Ratio / Principle

At that stage it would be difficult for the Court to infer that since inception the applicant did not intend to marry; the parties' relationship lasted about one year and there had been dialogue between family members for marriage between the applicant and the complainant.

Key takeaways

The interim protection granted by order dated 15.07.2024 stands confirmed, subject to conditions: attendance at the police station as required by the Investigating Officer; no tampering with prosecution evidence and no influence on the informant or witnesses; co-operation with the investigation and trial-court proceedings; and non-involvement in any other similar offence, failing which the protection is liable to be cancelled.ratio¶19
The observations in the order are limited to the disposal of the anticipatory bail application, and the trial Court shall proceed further without being influenced by them.obiter¶26

Detailed headnote1 paragraphs

Anticipatory bail — Confirmation of interim protection — Applicant apprehending arrest in Crime No.0295/2024, Cantonment (Chawani) Police Station, Aurangabad, under S.376 r/w 34 IPC on allegation of maintaining sexual relations with the informant through inducement and false promise of marriage; relationship subsisted for about a year and family members had held dialogue regarding marriage, so the Court found it difficult to infer that the applicant lacked intention to marry from inception; the allegation that the applicant was habitual in committing similar offences was unsupported by any record produced by the prosecution; interim protection granted by order dated 15.07.2024 confirmed on four conditions (attendance as directed by IO, no tampering or influencing witnesses, co-operation with investigation and trial, abstention from similar offences), breach attracting cancellation; observations confined to disposal of the ABA and not to bind the trial Court; application disposed of. (Neutral citation: 2025:BHC-AUG:122)

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2025:BHC-AUG:122

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

927 ANTICIPATORY BAIL APPLICATION NO. 1180 OF 2024

KARAN PRADIP KACHWAHA VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. Abhaysinh K. Bhosle APP for Respondent/State: Mr. R. S. Wani Advocate for Assist to PP: Mr. H. F. Pawar

CORAM : ARUN R. PEDNEKER, J. DATE : 03^rd JANUARY, 2025

PER COURT:

1] Heard learned counsel for the applicant Mr. Bhosle, the learned APP Mr. Wani for the respondent-State and Mr. Pawar, learned counsel for the Complainant.

2] The applicant is apprehending arrest in connection with Crime No.0295/2024, registered at Cantonment (Chawani) Police Station, District Aurangabad, for the offences punishable under Section 376 r/w. 34 of the IPC.

3] This court by order dated 15.07.2024 has protected the applicant by passing interim order. The learned counsel submits that the applicant has attended the police station and investigation is completed and the charge-sheet is filed in the mater.

4] Primarily, the case against the applicant is that he has made false promise of marriage. It is stated that since inception he

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never intended to marry the complainant and that by giving inducement and false promise of marriage; sexual relations were maintained by the applicant with the informant.

5] Perusal of the FIR would indicate that their relation was for a period of about one year. It also appears that there were some dialogue between the family members also for the purpose of marriage between the applicant and the complainant.

6] At this stage, it would be difficult for this court to infer that since inception the applicant did not intend to marry. This court had also granted interim protection to the applicant by order dated 15.07.2024.

7] The learned counsel appearing for the complainant / informant submits that the applicant is habitual person indulging in similar offences with other girls and there were various other relations with other persons. However, there is no record produced by the prosecution indicating the same.

8] In view of the above, the interim protection granted by order dated 15.07.2024 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.

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

iv] The applicant should not be involve in any other similar offences

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

10] 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.

11] The application stands disposed of.

[ARUN R. PEDNEKER, J.]

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