Mayuri Sanjay Mahajan vs the State of Maharashtra and Ors.

939-ABA-849-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

Digitally signed by ARJUN ARJUNVITTHAL ANTICIPATORY BAIL APPLICATION NO.849 OF 2024 VITTHAL KUDHEKAR KUDHEKAR Date: 2025.09.19 1. Sahil Rajendra Patil …Applicants 22:22:37 +0530 2. Anil Rajendra More Versus The State of Maharashtra …Respondent

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WITH INTERIM APPLICATION NO.1882 OF 2024 IN

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ANTICIPATORY BAIL APPLICATION NO.849 OF 2024

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Mayuri Sanjay Mahajan …Applicant IN THE MATTER BETWEEN: 1. Sahil Rajendra Patil …Applicants 2. Anil Rajendra More Versus The State of Maharashtra …Respondent

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Mr. Prashant D. Patil, for the Applicants in ABA/849/2024. Ms. S. M. Yadav, APP, for the Respondent-State. Mr. Aniket Nikam i/b Amit Icham, for the Applicant in IA/1882/2024. CORAM: MADHAV J. JAMDAR, J. DATED: 19 SEPTEMBER 2025

PC:-

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Heard Mr. Prashant Patil, learned Counsel appearing for the Applicants, Mr. Aniket Nikam, learned Counsel appearing for the First Informant and Ms. Yadav, learned APP for the RespondentState of Maharashtra.

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This is an Application filed under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail in connection with CR No.560 of 2023 registered with the Nandgaon Police Station, District - Nashik for the offences punishable under Sections 376(2)(n), 417, 506, 341 and 34 of the Indian Penal Code, 1860.

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The prosecution case is set out in Paragraph Nos.7 and 8 of the Order dated 21st March 2024 passed by the learned Additional Sessions Judge, Malegaon, District - Nashik, which read as under :-

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“7] Copy of FIR and police papers prima facie show that C. R. No. 560/2023 is registered against applicantsaccused and others at Nandgaon Police Station, Tal. Nandgaon, Dist. Nashik, for the offences punishable under Sections 376(2)(n), 341, 417, 506 r/w. 34 of the Indian Penal Code. Copy of FIR prima facie shows that it is registered on 07.12.2023 at 20.49 hours. In the FIR it is stated that informant/victim got acquainted with applicant No.1/accused and both becomes friends and both were talking with each other on mobile phones and

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also both were messaging each other. It is alleged that by morphing the photographs of informant/victim applicant No.1/accused put her under fear and insisted her to maintain relationship with him by saying that he want to marry with her. According to informant/victim she refused for the same, however, applicant No.1/accused threaten her that he will make her photographs viral and he started blackmailing her and at his instance the informant/victim on 31.10.2023 at about 12.00 noon, after the completion of examination, was compelled to sit in his Car and some drug was administered to her in a cold drink and she was taken at one place where applicant No.1/accused committed sexual intercourse with her.

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08] In the FIR it is further alleged that on 01.11.2023 applicant No.1/accused took the informant/victim at Alandi and obtained her signatures on some papers and applicant No.1/accused was not allowing her to contact anyone and to leave him. It is alleged that on 01.11.2023 during night time applicant No.1/accused took the informant/victim at one place at Wani, Tal. Kalwan, Dist. Nashik and committed sexual intercourse with her against her will. After going through the contents of FIR it can be said that the informant/victim has alleged about the places where applicant No.1/accused had taken her and committed sexual intercourse with her by saying that both are husband and wife. According to informant/victim co-accused were supporting applicant No.1/accused. She has further alleged that 07.11.2023 she was pressurized to give statement before police and as she was under fear and threat she gave false statement to police and sign some papers at Police Station Nandgaon.”

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It is the submission of Mr. Patil, learned Counsel for the Applicant that the First Informant and Applicant No.1 were romantically involved with each other and thereafter some dispute

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took place between them and as a result of the same FIR has been lodged.

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On the other hand, Ms. Yadav, learned APP and Mr. Nikam, learned Counsel for the First Informant, strongly oppose the Anticipatory Bail Application. Both of them submit that the offence is very serious and therefore the Anticipatory Bail Application be dismissed.

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However, the Applicant has annexed to the Application certain letters written by the First Informant, showing that the Applicant No.1 and the First Informant were in a romantic relationship. Learned Counsel appearing for the First Informant, submits that the said letters are not sent by the First Informant.

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In any case, Perusal of the record shows that the Chargesheet has been filed on 2nd February 2024. Thus, investigation is complete.

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A learned Single Judge by Order dated 3rd April 2024 has already protected the Applicants. Accordingly, the Applicants are entitled for anticipatory bail.

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Accordingly, the case is made out for grant of anticipatory bail. In view thereof, the following Order is passed:

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O R D E R

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(a) In the event of arrest of the Applicant No.1 - Sahil Rajendra Patil and Applicant No.2 - Anil Rajendra More in connection with CR No.560 of 2023 registered with the Nandgaon Police Station, District - Nashik, be released on bail on their furnishing PR Bond in the sum of Rs.30,000/- each with one or two solvent sureties each in the like amount.

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(b) The Applicants shall attend the concerned Police Station as and when called by the Investigating Officer and shall cooperate with the investigation.

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(c) The Applicants shall furnish their cell phone numbers and residential addresses to the Investigating Officer and shall keep the same updated, in case of any

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change thereto.

(d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

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