The Bombay High Court has granted interim protection from arrest to an accused in a sexual offence case, noting that the allegations prima facie indicate a “relationship that has turned sour” and taking into account the imminent marriage of the applicant.
Justice Ashwin D. Bhobe was hearing an anticipatory bail application filed by the accused, who apprehended arrest in an FIR registered at Vartak Nanded City Police Station, Pune, under provisions of the Indian Penal Code. The applicant had earlier approached the Special Court under the POCSO Act, where interim relief was declined and the matter was pending consideration.
Before the High Court, the applicant contended that his marriage was scheduled for May 4, 2026, and expressed apprehension that the proceedings before the Special Court may be delayed, exposing him to arrest. The State opposed the plea, arguing that the applicant should pursue relief before the Special Court where the anticipatory bail application was already pending.
The Court observed that although ordinarily it would defer to the court seized of the matter, the circumstances warranted intervention. On a prima facie reading of the FIR, the Court noted that the allegations dated back to 2018 and appeared to arise out of a consensual relationship that later deteriorated.
Taking into account the urgency arising from the applicant’s impending marriage and the stage of proceedings before the Special Court, the High Court directed the investigating officer not to take any coercive steps against the applicant until the anticipatory bail application pending before the Special Court is decided.
The Court also requested the Special Court to decide the pending anticipatory bail application expeditiously, preferably within two weeks, and clarified that its observations were prima facie and should not influence the merits of the case.
Appearances:
For Applicant: Mr. Piyush Toshnival, Advocate
For Respondent/State: Ms. Pallavi Dabholkar, APP
