Dismissed¶29

Xyz v. the State of Maharashtra Thr. Pso, Ps, Karanja Lad (City) Dist. Washim and Another

Bombay HC25 Sept 2025APPLN/58/2024

Case brief

AI extract

What is this about?

anticipatory bail cancellation; Section 18 bar; Special Act; SC/ST (Prevention of Atrocities) Act 1989 Ss.3(1)(w)(i), 3(1)(w)(ii), 3(2)(va); IPC Ss.323, 376(2)(n), 417, 504, 506 r/w 34; FIR/Crime No. 189/2024 lodged 02/03/2024; Sessions Court order 14/03/2024; investigation completed; Investigating Officer permission to file charge sheet; Criminal Application (APL) No. 576/2024 quashment Division Bench; complainant X. Y. Z.; Rajnish R. Vyas J.; Nagpur Bench; 2025:BHC-NAG:9875

What did the court decide?

Be that as it may, while granting anticipatory bail, the learned Sessions Court considered the scope of Section 18 of the Special Act and granted anticipatory bail. ¶23

Xyz vs the State of Maharashtra Thr. Pso, Ps, Karanja Lad (City) Dist. Washim and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶29

Issue for consideration

Whether the anticipatory bail granted to the accused on 14/03/2024 in Crime No. 189/2024 should be cancelled, notwithstanding the contention that Section 18 of the Special Act bars grant of anticipatory bail. +1 more

¶19

Court's answer

Be that as it may, while granting anticipatory bail, the learned Sessions Court considered the scope of Section 18 of the Special Act and granted anticipatory bail.

¶23

Ratio / Principle

A prima facie case was not made out against the accused, and on that basis protection from arrest was granted to them.

¶24

Key takeaways

This Court is not inclined to interfere in the order passed by the Sessions Court granting anticipatory bail.ratio¶25
The investigation in the crime is completed (as shown by the Investigating Officer's application for permission to file the charge-sheet within pending quashment application APL No. 576/2024), and the parameters for cancellation of bail are totally different.ratio¶26
Considering the parameters, it cannot be said that the Sessions Court failed to take the relevant material into consideration; the applications, being devoid of merit, were accordingly rejected.

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Rajnish R. Vyas, J., 25/09/2025 (2025:BHC-NAG:9875) — Criminal Applications (APPLN) Nos. 58 and 57 of 2024 filed by X. Y. Z., the original complainant in FIR/Crime No. 189/2024 (lodged 02/03/2024 for offences under IPC Sections 323, 376(2)(n), 417, 504, 506 r/w Section 34, and Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989), challenging the Sessions Court's order dated 14/03/2024 granting anticipatory bail. Counsel contended that Section 18 of the Special Act bars anticipatory bail. The single judge noted that per the FIR the relationship appeared prima facie consensual, that the Sessions Court had considered the scope of Section 18 and found no prima facie case warranting arrest, and that the investigation stood completed (the Investigating Officer having sought permission to file the charge-sheet inside pending quashment application APL No. 576/2024 pending before the Division Bench), the parameters for cancellation of bail being totally different. Both applications were rejected and the anticipatory bail protection of the accused was left undisturbed. No monetary quantum involved; no precedents cited.

¶1

2025:BHC-NAG:9875

¶2

1 31-BA-58-2024.odt

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

¶4

CRIMINAL APPLICATION (APPLN) NO. 58 OF 2024 WITH CRIMINAL APPLICATION (APPLN) NO. 57 OF 2024

¶5

X. Y. Z. (THE COMPLAINANT IN CRIME NO. 189/2024)

¶6

Vrs.

¶7

STATE OF MAHARASHTRA AND OTHERS

¶8

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

¶9

Shri P. S. Thakur, Advocate for applicant. Ms. T. H. Khan, A. P. P. for Non-applicant No.1.

¶10

Shri Dhruv Sirpurkar, Advocate h/f Shri S. V. Sirpurkar, Advocate for Non-applicant Nos.2 to 3 in APPLN No.58/2024.

¶11

CORAM: RAJNISH R. VYAS, J. DATE : 25/09/2025.

¶12

In both these applications, original complainant has challenged the order dated 14/03/2024 in First Information Report No.189/2024 granting anticipatory bail to the accused in crime.

¶13

I have heard Shri Paresh Thakur, learned counsel for the applicant and Shri Dhruv Sirpurkar, learned counsel for non-applicant Nos.2 and 3.

¶14

Ms. Khan, learned APP has advanced arguments for the State.

¶15

Considered the record and arguments advanced by the parties. First Information Report is lodged on 02/03/2024 for commission of offences punishable under Sections 323, 376(2)(n), 417, 504, 506

¶16

2 31-BA-58-2024.odt

¶17

r/w Section 34 of the Indian Penal Code, 1860 and under Sections 3(1)(w), 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

¶18

According to the victim, she is 36 years old and is a divorcee. In First Information Report, she alleged that the accused Ajay was a married person and under the pretext of performing marriage, victim / applicant was subjected to forcible sexual intercourse on various occasions. She has also alleged that on one occasion, even the foetus was aborted. According to her, the act committed by the accused persons is serious and she was abused by referring her caste.

¶19

By inviting my attention to the order passed by the Sessions Court, it is contended by the learned counsel for the applicant that there is bar under Section 18 of the Special Act and therefore, anticipatory bail should not have been granted.

¶20

Perusal of the First Information Report, reveals that the victim was a divorcee and 36 years old lady. She was aware of the fact that accused was a married person and therefore, there was obstacle in performing the marriage. The continued relationship prima facie also shows that it is consensus.

¶21

Be that as it may, while granting anticipatory bail, learned Sessions Court has considered scope of

¶22

3 31-BA-58-2024.odt

¶23

Section 18 of the Special Act and has granted anticipatory bail.

¶24

Since prima facie case was not made out, protection from arrest was granted to the non-applicants / accused.

¶25

In that view of the matter, I am not inclined to interfere in the order passed by the Sessions Court.

¶26

At this stage, Shri Sirpurkar, learned counsel has brought to my notice that the accused persons have preferred Criminal Application (APL) No.576/2024 for quashment before the Division Bench of this Court in which an application is filed by the Investigating Officer praying for grant of permission to file charge sheet. It is thus crystal clear that the investigation in the crime is completed. The parameters for cancellation of bail are totally different.

¶27

Considering the parameters, it cannot be said that the Sessions Court has not taken into consideration the relevant material.

¶28

In that view of the matter, applications being devoid of merit are liable to be rejected.

¶29

Accordingly, applications are rejected.

¶30

[RAJNISH R. VYAS, J.]

¶31

Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/09/2025 10:48:44

Xyz v. the State of Maharashtra Thr. Pso, Ps, Karanja Lad (City) Dist. Washim and Another

Case brief

What is this about?

What did the court decide?

Xyz v. the State of Maharashtra Thr. Pso, Ps, Karanja Lad (City) Dist. Washim and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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