The Bombay High Court has granted interim protection to a rape accused from arrest, citing his upcoming wedding, although his anticipatory bail application has been pending before the Special Judge. The High Court noted that the case put forth in the impugned FIR appeared to be a love relationship that had turned sour.

The applicant approached the High Court seeking interim bail pending the disposal of his criminal anticipatory bail application.

The Single Bench of Justice Ashwin D. Bhobe ordered, “Considering the above facts and the exceptional circumstance that the Applicant's marriage is scheduled for 04.05.2026, the Investigating Officer, Vartak Nanded City Police Station, District-Pune, investigating Crime bearing FIR No. 0091 of 2026 dated 14.04.2026, registered with the Vartak Nanded City Police Station, District-Pune, is directed not to take any precipitative steps against the Applicant till Criminal Application No. 1925 of 2026 pending before the Special Judge is decided and disposed of.”

Advocate Piyush Toshnival represented the Applicant, while Additional Public Prosecutor Pallavi Dabholkar represented the Respondent – State.

Factual Background

The application was filed by an accused in a criminal case registered under Sections 351(2), 64(2)(m) and 74 of the Indian Penal Code. The applicant apprehending arrest in the FIR had filed a criminal anticipatory bail application before the Court of the Special Judge (POCSO Act), Pune, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Although the Special Judge issued notice, the request for ad interim bail was not granted. Aggrieved thereby, the applicant approached the High Court.

Reasoning

On a perusal of the facts of the case, the Bench noted that the allegations made by the informant date back to 2018, when the Applicant and the Informant allegedly developed a relationship. The complaint was filed on April 14, 2026. “Prima facie, the allegations in the impugned FIR suggest a love relationship between the Applicant and the Informant. The case put forth in the impugned FIR appears to be a relationship that has turned sour”, it noted.

The Bench took note of the fact that the Applicant is 31 years of age and the wedding is scheduled for May 4, 2026. The Bench further noticed that the criminal anticipatory bail application is fixed for May 30, 2026, for the say/reply of the complainant/victim.

Taking note of the overall facts and circumstances of the case, the Bench directed the Investigating Officer not to take any precipitative steps against the Applicant till Criminal Application pending before the Special Judge is decided and disposed of. “The Special Judge is requested to make an endeavour to dispose of Criminal Application No. 1925 of 2026 expeditiously on its own merits…”, it ordered.

Cause Title: A v. The State of Maharashtra (Anticipatory Bail Application No. 1169 of 2026)

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Bombay High CourtJustice Ashwin D. Bhobe

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.