Supreme Court Grants Anticipatory Bail To NRI In Rape Case Filed By His Former Lawyer Who Represented Him In Divorce Case
The Court stayed the Lookout and Blue Corner Notices issued by the State against the man.
The Supreme Court granted anticipatory bail to an NRI man accused of rape on a false promise of marriage by an advocate who was previously representing him in his divorce case.
The Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan observed, “We, therefore, allow this appeal and set aside the order passed by the High Court on 15.10.2025. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties. It is directed that the appellant shall extend complete cooperation in the ensuing investigation. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.”
Senior Advocate Rishi Malhotra appeared for the Appellant, while AOR Shishir Pinaki and AOR Aaditya Aniruddha Pande appeared for the Respondents.
Factual Background
An appeal was filed challenging the order passed by the Bombay High Court in an anticipatory bail application. The High Court vide impugned order had rejected the bail application of the Appellant herein.
An FIR was registered against the Appellant for the offences punishable under Sections 69, 318(4), 3(5), 316(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and under Section 66E of the Information Technology Act, 2000.
Contention of the Parties
The Appellant submitted that he is residing overseas and is an Information Technology professional while the complainant is a practising advocate; it was submitted that the allegations made against the Appellant herein were wholly false and frivolous, and the Appellant was dragged into this controversy for reasons which are not true and correct; that the second respondent-complainant was consensually in a relationship with the Appellant which no longer subsists; that neither of the parties intend to marry each other.
Per contra, the State submitted that already a blue corner notice, non-bailable warrant, proclamation proceedings, and look out notice have been issued or initiated as against the appellant. Therefore, this Court may not grant any relief to the Appellant herein.
The complainant also supported the arguments of the State and contended that the allegations against the appellant herein are true and serious. Therefore, the relief of anticipatory bail may not be granted to the appellant herein.
Observations of the Court
The Court further ordered, “Since the appellant is presently residing in London and he is directed to cooperate with the investigation, in the event he returns to India for the purpose of cooperating with the investigation or for any other purpose, this order shall protect him insofar as the present offences alleged against him. The intimation of the date of investigation shall be made known to the appellant herein well in advance so as to enable him to travel to India. Since we have granted the relief of anticipatory bail to the appellant herein, notices issued to the appellant viz., 1) Look out notice dated 24.03.2025, 2) Blue corner Notice, BN-13052025-000429, and 3) order dated 12.06.2025 declaring the appellant as Proclaimed Offender, shall be kept in abeyance.”
Accordingly, the Court allowed the appeal.
Cause Title: Praveen Manik Kadam v. State of Maharashtra & Anr. [SLP (Crl.) No. 18345 of 2025]
Appearances:
Petitioner: Senior Advocate Rishi Malhotra, AOR Prem Malhotra, Advocates Ansuiya and Shivaansh Maini.
Respondents: AOR Shishir Pinaki, AOR Aaditya Aniruddha Pande, Advocates Raman Yadav, Siddharth Dharmadhikari, Shrirang B. Varma, Dhanaeswar Gudapalli and Satyeyu Veer.