Bombay HC Protects Rape Accused From Arrest Despite Pendency Of Bail Plea Before Trial Court, Paves Way For His Marriage
The Bombay High Court on Wednesday (April 29) granted interim bail to a rape accused, even while his anticipatory bail application was pending before a lower court, on the ground that his marriage is scheduled to take place on May 4. Single-judge Justice Ashwin Bhobe granted interim bail after noting that all arrangements for the marriage have been made by the applicant and his...
The Bombay High Court on Wednesday (April 29) granted interim bail to a rape accused, even while his anticipatory bail application was pending before a lower court, on the ground that his marriage is scheduled to take place on May 4.
Single-judge Justice Ashwin Bhobe granted interim bail after noting that all arrangements for the marriage have been made by the applicant and his family members.
"Considering the facts and the exceptional circumstance that the Applicant's marriage is scheduled for May 4, 2026, the Investigating Officer, Vartak Nanded City Police Station, District-Pune, investigating FIR dated April 14, 2026, registered with the Vartak Nanded City Police Station, is directed not to take any precipitative steps against the Applicant till his anticipatory bail application pending before the Special Judge is decided and disposed of," Justice Bhobe said in the order.
The judge further ordered the Special Court seized with Gogawale's anticipatory bail plea, to dispose it of expeditiously on its own merits after affording an opportunity to all the concerned parties and at any rate, within two (2) weeks.
Notably, the applicant had highlighted before the court that his anticipatory bail plea was pending before a special court in Pune, which had issued notice to the State as well as the complainant on April 20. The State and the complainant were also asked to file their replies in that plea by April 27. However, only the State filed it's say in the matter while the complainant did not. In the meantime, the special court also refused to grant ad-interim relief to the applicant.
Thus, apprehending that he may be arrested anytime soon, the applicant moved the HC arguing that even if the matter is heard on Thursday (April 30) as fixed by the special court the complainant would simply seek adjournment as she does not want the applicant to get married. Justice Bhobe in his order explained that in normal course, usually when a plea is pending before a trial court, the matter is deemed to be left to be considered by the Court seized of it.
"However, the circumstances stated by the Applicant herein above, which are not disputed by the prosecution, are compelling to entertain this Application," the judge opined.
According to the prosecution case, the victim, a married woman with two kids, was in a love relationship with the applicant since 2018. However, when things turned sour between the couple, the woman lodged the instant FIR on April 14, 2026.
Appearance:
Advocate Piyush Toshnival appeared for the Accused.
Additional Public Prosecutor Pallavi Dabholkar represented the State.
Case Title: PRG vs State of Maharashtra (Anticipatory Bail Application 1169 of 2026)
Citation: 2026 LiveLaw (Bom) 226