ABA/856/2026 of AMIT CHANDANLAL JAISWAL Vs THE STATE OF MAHARASHTRA THR PSO., PS ARNI TQ. ARNI DSIT. YAVATMAL on 6 October 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [A.B.A.] NO. 856 OF 2026

Amit Chandanlal Jaiswal

-- VERSUS --

The State of Maharashtra and Another

__________________________________________________________________________

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

and Registrar's Orders.

Mr. Anand Deshpande, Advocate for the Applicant.

Mr. H.D. Marathe, A.P.P. for the Non-applicant No.1/State.

Mr. A.A. Zade, Advocate for the Non-applicant No.2.

CORAM :

M.M. NERLIKAR, J.

DATE :

OCTOBER 06, 2026.

Heard.

2.

Apprehending arrest, the accused has approached this Court in connection with Crime No.753/2026 for the offences punishable under Sections 69, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Arni, District Yavatmal.

3.

The First Information Report (F.I.R.) was registered on the basis of the report lodged by the informant, aged 20 years, alleging that she was acquainted with the accused, aged 42

years, and that they were in a relationship since 2024. It is alleged that, on the assurance of marriage, the accused

2026:BHC-NAG:13328

established physical relations with the informant on several occasions. It is further alleged that, when the informant questioned the accused regarding marriage, he refused to marry her, abused her and threatened her with harm. The informant thereafter disclosed the matter to her parents, and as the accused allegedly continued to refuse to marry her, she approached the police. Based on these allegations, the First Information Report (F.I.R.) came to be registered.

4.

The learned counsel for the applicant submits that the allegations against the applicant are that, under the false promise of marriage, the applicant has committed sexual intercourse with the victim. He further invited my attention to the various documents placed on record, stating that the applicant and the victim got married on 21/06/2026, and, to support his contention, he has placed on record the certificate issued by Jagat Mandir Shri Satyanarayan Bhut Charitable Trust, wherein it is stated that the applicant and the victim got married. He further invited my attention to the notarized affidavit executed before the Executive Magistrate, stating that both are married and WhatsApp chat posted by the victim, wherein she has stated that her husband is missing for 15 days, and to that extent, she has posted the said message on the WhatsApp group of the Gram Panchayat. Therefore, the learned counsel submits that, when the victim herself is accepting the fact that the applicant is her husband, under such

circumstances, the allegations levelled against the applicant are falsified. Even Section 69 of BNS would not be attracted because there is no false promise of marriage, since the victim herself has married the applicant, and therefore, he prayed for grant of anticipatory bail to the applicant.

5.

On the other hand, the learned A.P.P. and the learned counsel for the victim vehemently oppose the application and submit that, since 2024, the applicant has committed sexual intercourse with the victim on various occasions and at various places under the false promise of marriage. They further submit that the applicant has made a farce of performing the marriage, however, he is not accepting the victim as his wife. Had it been a case where a valid marriage was performed, then he would have taken the applicant to his house. However, by not doing so, it can be gathered that, from the inception, the applicant was not having intention to perform marriage with the victim and, under the false promise of marriage, the applicant has committed sexual intercourse with the victim. Therefore, they submit that, when there are serious allegations of sexual intercourse and the case falls under Section 69 of the BNS, the applicant does not deserve to be granted bail.

6.

Upon consideration of the submissions of both sides, it appears that the F.I.R. was registered by the victim on 25/08/2026. It is further to be noted that the allegations against

the applicant are that, under the false promise of marriage, the applicant has committed sexual intercourse with the victim on multiple occasions. It is further to be noted that, in the F.I.R., the victim has not disclosed about the marriage performed by her with the applicant. Further, the post posted on the WhatsApp Group of the Gram Panchayat goes to show that the applicant is the husband of the victim. Under such circumstances, I am of the considered opinion that the victim is suppressing material facts, which go to the root of the matter. Under such circumstances, prima facie, it appears that the applicant has made out a case for grant of anticipatory bail. Needless to mention that the documents placed on record, like the Marriage Certificate and the notarized affidavit dated 22/06/2026, state about the marriage of the applicant and the victim. Whether the said documents are genuine or not, it is for the Investigating Officer to investigate those documents. Considering the nature of the allegations, I am inclined to grant anticipatory bail to the applicant. Hence, the following order:-