Mohammad Ali Subhan Ali vs State of Maharashtra Thr Pso., Ps Ramdaspeth, Akola — Bombay HC (2026) — LawSathi Research

Mohammad Ali Subhan Ali vs State of Maharashtra Thr Pso., Ps Ramdaspeth, Akola — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned order dated 12/12/2025 of the Trial Court below Exh. 5 in Special Case (Atro.) No. 234/2025 quashed and set aside; Appellant to be released on bail on furnishing P.R. bond of Rs.25,000/- with one surety in the like amount, bail to be taken before the Trial Court; conditions: Appellant shall not tamper with prosecution evidence and shall attend the concerned Police Station once a month on the last Monday of every month till the trial is over; fees of the advocate for Respondent no. 2-Victim quantified at Rs. 7,500/- payable by the High Court Legal Services Sub-Committee, Nagpur; Appeal stands disposed of.

Issue for consideration

Whether the Appellant should be released on bail notwithstanding the Trial Court's rejection of his Bail Application on the ground of a threat to the life of the victim, given that the victim is a major, the FIR prima facie indicates consensual relations, and the charge-sheet has been filed.

Ratio / Principle

The victim was undisputedly a major and the FIR prima facie shows that the relations between the Appellant and Respondent no. 2 were consensual; on these facts, together with completion of investigation and filing of the charge-sheet, the Appeal can be allowed by imposing appropriate conditions on the Appellant.

Key takeaways

Considering the facts and circumstances of the case, the Appeal can be allowed by imposing appropriate conditions on the Appellant; accordingly the impugned Trial Court order rejecting bail was quashed and the Appellant ordered to be released on bail subject to conditions.ratio¶16

Detailed headnote1 paragraphs

Bail — appeal against rejection of bail — accused in Crime No. 0270/2025 (Ramdaspeth Police Station, District Akola, dt. 29/09/2025) under Sections 64(2)(m), 89, 296, 351(2) & 351(3) BNS 2023 and Sections 3(1)(w)(ii), 3(1)(w)(i), 3(2)(va), 3(2)(v), 3(1)(r) & 3(1)(s) SC & ST Act 1989, registered on the victim's report — prosecution case of sexual intercourse on promise of marriage, compelled abortion pills and subsequent refusal to marry — victim undisputedly major; FIR prima facie shows relations were consensual; investigation over, charge-sheet filed — Trial Court (Special Case (Atro.) No. 234/2025) had rejected bail on 12/12/2025 citing threat to the victim's life and her written apprehension of mishap — High Court (Nagpur Bench) allowed the appeal, quashed the impugned order, and directed release on P.R. bond of Rs.25,000/- with one surety, imposing conditions of non-tampering with evidence and monthly reporting at the concerned police station on the last Monday of every month till trial ends. (Neeraj P. Dhote, J., 04/03/2026.)

2026:BHC-NAG:3614

1 32) Apeal 632-2025111

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

CRIMINAL APPEAL NO. 632 OF 2025

MOHAMMAD ALI SUBHAN ALI

VS

THE STATE OF MAHARASHTRA AND ANOTHER

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

Shri S.V. Sirpurkar, Advocate for appellant. Shri B.M.Lonare, APP for respondent/State. Ms. A.V. Misrhikotkar, Advocate for respondent no. 2.

CORAM : NEERAJ P. DHOTE, J. DATE : 04/03/2026

Heard the learned counsel for the Appellant, the learned APP for the State and the learned counsel for the Respondent no. 2 – Victim. Perused the papers on record.

The Appellant is the accused in Crime No. 0270/2025, dated 29/09/2025 registered with the Ramdaspeth Police Station, District Akola for the offences punishable under Sections 64(2)(m), 89, 296, 351(2) & 351(3) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘B.N.S.’) and for the offences punishable under Sections 3(1)(w)(ii), 3(1)(w)(i), 3(2)(va), 3(2)(v), 3(1)(r) & 3(1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘SC & ST Act’). The said crime is registered on the report lodged by the Respondent no. 2-victim.

It is the prosecution’s case that, the victim was working along with other labourers at the brick-kiln of the Appellant. The Appellant and Respondent no. 2 came in

2 32) Apeal 632-2025222

contact with each other. The Appellant committed sexual intercourse with Respondent no. 2-victim on several occasions by giving the promise of marriage. When the victim got engaged with one person, the Appellant asked her to break the engagement. The Appellant compelled the Respondent no. 2-victim to have the pills for abortion. Thereafter, the Appellant avoided the Respondent no. 2- victim and did not marry her.

Undisputedly, the victim was major. The FIR prima facie shows that, the relations between the Appellant and the Respondent no. 2 were consensual. The investigation is over and charge-sheet is filed. The learned Trial Court rejected the Bail Application of the Appellant by order dated 12/12/2025 passed below Exh. 5 in Special Case (Atro.) No. 234/2025 on the ground that, there was a threat to the life of the victim. The observations in the impugned order shows that, the Respondent no. 2-victim had given in writing that, she apprehends mishap with her. Considering the facts and circumstances of the case, the Appeal can be allowed by imposing appropriate conditions on the Appellant. Hence, the following order:-

ORDER

I) The Appeal is allowed .

II) The impugned order dated 12/12/2025 passed by learned Trial Court below Exh. 5 in Special Case (Atro.) No. 234/2025, is hereby quashed and set aside.

III) The Appellant be released on bail on furnishing

3 32) Apeal 632-2025333

P.R. bond of Rs.25,000/- [Rupees Twenty Five Thousand Only] with one surety in the like amount.

IV) Bail before the Trial Court.

V) The Appellant shall not tamper with the prosecution evidence in any manner.

VI) The Appellant shall attend the concerned Police Station with which the Crime is registered, once in a month i.e. on the last Monday of every month, till the trial is over.

VII) The fees of the learned Advocate appointed to represent the Respondent no. 2-Victim is quantified for the Appeal at Rs. 7,500/- [Rupees Seven Thousand Five Hundred Only], which shall be paid by the High Court Legal Services Sub-Committee, Nagpur.

VIII) Accordingly, the Appeal stands disposed of .

(NEERAJ P. DHOTE, J.)

B.T.K.

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 04/03/2026 20:14:52