SUNIL NANDU SAPKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending the arrest at the hands of Police in connection with Crime No.57/2025 registered with Police Station Shegaon, District Buldhana for the offence punishable under Sec. 64(1) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

(2.) Heard learned Counsel for the applicant, who submitted that the crime is registered on the basis of report lodged by the victim aged about 26 years on an allegation that she got acquaintance with the present applicant and the present applicant has called her at Khamgaon, therefore she went to meet him at Khamgaon in one lodge, and on the promise of marriage, he has subjected her for the forceful sexual assault. Learned Counsel for the applicant submitted that considering the recitals of the FIR, it appears to be a consensual act. The FIR is lodged after five months of the incident. As far as the custodial interrogation is concerned, which is not required. In view of that, he be protected by granting ad-interim anticipatory bail.

(3.) Learned APP strongly opposed for the same and submitted that the mobile phone of the present applicant is to be recovered and therefore, the prayer for grant of ad-interim protection deserves to be rejected.