Prathamesh Shyam Patil vs State Of Maharashtra on 10 March, 2026

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    Prathamesh Shyam Patil vs State Of Maharashtra on 10 March, 2026

                                             IN THE SUPREME COURT OF INDIA
                                            CRIMINAL APPELLATE JURISDICTION
    
                                      CRIMINAL APPEAL NO(S).      OF 2026
                          (@ SPECIAL LEAVE PETITION (CRL.) NO(S).19748-19749 OF 2025)
    
    
                  PRATHAMESH SHYAM PATIL                                                    APPELLANT
    
                                                            VERSUS
    
    
                  STATE OF MAHARASHTRA & ANR.                                             RESPONDENTS
    
    
                                                          O R D E R
    

    Leave granted.

    These appeals challenges the orders dated

    SPONSORED

    15.04.2025 and 11.11.2025 passed by the High Court of

    Judicature at Bombay in Anticipatory Bail Application

    Nos.915 of 2025 and 1504 of 2025 respectively.

    These appeals arise out of crime registered

    pursuant to FIR No.232 of 2025 dated 09.02.2025 lodged

    with PS Narpoli, Bhiwandi, District Thane, registered

    under Section 64 of the Bharatiya Nyaya Sanhita, 2023,

    along with Sections 4, 8 and 12 of the Protection of

    Children from Sexual Offences Act, 2012. Anticipating

    arrest in connection with this crime, the appellant

    preferred Anticipatory Bail Application No.915/2025.

    By impugned order dated 15.04.2025, the High Court
    Signature Not Verified

    Digitally signed by
    BORRA LM VALLI
    Date: 2026.03.10
    rejected the plea for anticipatory bail. Thereafter,
    18:14:11 IST
    Reason:

    the appellant preferred a second Anticipatory Bail

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    Application No.1504/2025. By impugned order dated

    11.11.2025, the High Court once again rejected the

    plea for anticipatory bail.

    Vide order dated 01.12.2025, this Court issued

    notice in the instant matter and directed that no

    coercive steps shall be taken as against the

    petitioner herein in relation to the aforementioned

    FIR.

    We have heard learned counsel appearing for the

    appellant in support of the appeal and learned counsel

    appearing for the first respondent-State.

    Learned senior counsel appearing for the

    appellant submitted that the appellant and the so-

    called victim were in fact in a relationship and

    subsequently owing to certain disputes there was also

    compromise drawn up on 27.10.2024; that the so-called

    victim has since married and continued the

    relationship with the appellant herein. It is only

    when her husband came to know about this relationship

    that the FIR was lodged on 09.02.2025. Thereafter

    investigation has been carried out. However, the trial

    court as well as the High Court refused to grant

    anticipatory bail; that this court by its interim

    order has granted protection and therefore the interim

    order may be made absolute subject to the terms and

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    conditions to be imposed.

    Per contra, learned counsel for the first

    respondent-State with reference to the counter-

    affidavit contended that the appellant has been

    absconding; he has not cooperated with the

    investigation and therefore, the impugned orders would

    not call for any interference. Hence, the appeals may

    be dismissed.

    Considering the circumstances on record, in our

    view, the appellant is entitled to the relief claimed

    under Section 482 of the Bharatiya Nagarik Suraksha

    Sanhita, 2023.

    We, therefore, allow these appeals and set aside

    the orders passed by the High Court of Judicature at

    Bombay dated 15.04.2025 and 11.11.2025.

    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.

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    The appellant shall not make any attempt to

    contact the so-called victim.

    Further the appellant shall not publish any

    photographs or videos of the so-called victim on any

    media whatsoever.

    Any infraction of the aforesaid conditions may

    entail cancellation of anticipatory bail granted by

    this Court.

    With the aforesaid directions, the Criminal

    Appeals are allowed.

    ………………………………………………………, J
    (B.V. NAGARATHNA)

    …………………………………………………………, J
    (UJJAL BHUYAN)
    NEW DELHI;

    MARCH 10, 2026.

    
    
    
    
                                         4
    ITEM NO.2                    COURT NO.4             SECTION II-A
    
                     S U P R E M E C O U R T O F     I N D I A
                             RECORD OF PROCEEDINGS
    
    

    PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S).19748-
    19749/2025

    [ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 15-
    04-2025 IN ABA NO. 915/2025 11-11-2025 IN ABA NO. 1504/2025
    PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY]

    PRATHAMESH SHYAM PATIL PETITIONER(S)

    VERSUS

    STATE OF MAHARASHTRA & ANR. RESPONDENT(S)

    IA NO. 308360/2025 – CONDONATION OF DELAY IN FILING
    IA NO. 308363/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT
    IA NO. 308364/2025 – EXEMPTION FROM FILING O.T.

    Date : 10-03-2026 This matter was called on for hearing today.

    CORAM : HON’BLE MRS. JUSTICE B.V. NAGARATHNA
    HON’BLE MR. JUSTICE UJJAL BHUYAN

    For Petitioner(s) : Mr. Sudhanshu S. Choudhari, Sr. Adv.

    Mr. Mahesh Prakash Shinde, Adv.

    Mr. Nishant Mokal, Adv.

    Mr. Ashok Kumar Gupta Ii, AOR
    Ms. Pranjal Chapalgaonkar, Adv.

    Ms. Gautami Yadav, Adv.

    Mr. Yash Singhania, Adv.

    For Respondent(s) : Mr. Raman Yadav, Adv.

    Mr. Siddharth Dharmadhikari, Adv.
    Mr. Aaditya Aniruddha Pande, AOR
    Mr. Shrirang B. Varma, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    Leave granted.

    Appeals are allowed in terms of the signed order,

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    which is placed on file.

    Pending application(s), if any, shall stand

    disposed of.

    (B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR)
    COURT MASTER (SH) COURT MASTER (NSH)

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