Somen Dev
State
CORAM : R.R. Mendhe
Additional Sessions Judge, Pune.
DATED : 15.09.2026
Present application has been e-filed by applicant namely Somen Dev under section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of anticipatory bail in connection with the above mentioned crime, as he is having apprehension of his arrest for the above mentioned non-bailable offence.
The Court perused the application and say, along with the investigation papers and documents filed on record. The Court heard Mr. Premkumar Pandey, Ld. Advocate for the applicant and Mr. M. B. Wadekar, Ld. APP for the State.
It was contended by the Ld. Advocate for the applicant that the applicant had not committed any offence, but had been falsely implicated in the present crime.
The victim is an adult having an age of 31 years and she entered into physical relationship with the applicant with her own will and volition.
The applicant and informant/victim met at Pune and thereafter resided together at Mumbai. These circumstances prima facie indicated the existence of a consensual relationship between them.
It was contended that the WhatsApp chats between the applicant and victim also showed the consensual physical relationship between them.
It was further contended that the informant was blackmailing the present applicant and was seeking compensation from the applicant.
There was no question of recovery or discovery in the present matter from the applicant and therefore there was no necessity of custodial interrogation of the applicant.
The alleged section was not punishable with death sentence or imprisonment for life.
It was further contended that the applicant did not misuse the interim protection and abided by all the terms and conditions imposed upon him.
The applicant stated that substantial investigation was over and that he was ready to cooperate with the investigation and abide by all the terms and conditions imposed by the Court.
The Ld. Advocate for the applicant relied upon the following authority in support of his contentions:
Per contra, Ld. APP strongly opposed the application contending that there was a prima facie case against the applicant for a serious offence against a woman.
It was contended that the applicant had given a promise to marry the victim and on the said promise, the applicant obtained the consent of the victim and committed sexual intercourse with her.
It was further contended that the investigation was going on.
If anticipatory bail was granted to the applicant, he may pressurize the victim and witnesses, tamper with the evidence and may not remain present in Court to face trial.
Therefore, the State prayed for rejection of the application.
The victim did not appear before the Court, but sent her objection to the police, who in turn filed the copy of the same on record.
Due to injury to the leg of the victim, she did not appear before the Court and was presently at Telangana at her native place.
By way of objection, the victim strongly objected to the application stating that the applicant obtained temporary interim protection by misleading the Court and by hiding the truth.
It was contended that she had denied consent for physical relationship with the applicant.
It was alleged that the applicant had forcefully administered a toxic double dose of two emergency contraceptive pills and thereafter committed sexual intercourse with her.
It was further contended that the applicant committed sexual relationship with her on the promise of marriage.
The victim contended that the applicant was highly uncooperative and there was a chance of his absconding.
It was also contended that he may destroy his mobile, tamper with the evidence and threaten the bank witnesses.
It was submitted that for thorough investigation, custodial interrogation of the applicant was necessary.
Therefore, the victim prayed for rejection of the application.
On perusal of the copy of FIR and documents, it appeared from the FIR that the applicant was working as Deputy Manager in Bank of Maharashtra.
He came into contact with the victim in respect of the account of the grandmother of the victim maintained with the bank of the applicant.
It further appeared that friendship developed between the applicant and victim and they came together in one hotel at Pune, where the applicant allegedly made a promise to marry the victim and thereafter committed sexual intercourse with her against her wish.
It appeared from the WhatsApp chats filed on record by the applicant that the victim wanted to enjoy the meeting with the applicant for the first and last time and did not want to continue the relationship in future.
It also appeared from the WhatsApp chats that the victim demanded compensation from the applicant for leaving from her life.
It further appeared from the documents filed on record that the victim had previously filed a complaint against the applicant with Dadar Police Station alleging cheating and the applicant had obtained anticipatory bail in respect of that complaint.
The Court observed that the victim was a grown-up lady and had indulged in physical relationship with the applicant knowing the consequences thereof.
There was no allegation in the FIR that the applicant had administered any contraceptive pill to the victim.
The victim was presently residing at Telangana, far away from the applicant.
It was not the contention of the investigation agency that the applicant had any criminal antecedent or that he had misused the interim protection.
It was also not the contention of the investigating agency that the applicant had failed to cooperate with the investigation.
Considering the WhatsApp chats between the applicant and victim, it prima facie appeared that the victim had physical relationship with the applicant for one day with no intention to continue the same in future.
Though there were allegations of physical relationship by the applicant with the victim, it prima facie appeared that the same were consensual.
Considering the allegations in the FIR, the punishment prescribed for the offence, cooperation on the part of the applicant with the investigation and no criminal antecedent on his part, the Court was inclined to exercise discretion in favour of the applicant and grant anticipatory bail on certain conditions to safeguard the interest of the investigation agency.
Application for anticipatory bail (Exh.01) was allowed.
i) Application for anticipatory bail (Exh.01) is hereby allowed.
ii) In the event of arrest of present applicant Somen Dev in connection with Crime No.277/2026 registered with Baner Police Station for the offence punishable under section 69 of BNS, he be released on executing PR bond of Rs.50,000/- with one solvent surety of like amount on following conditions:
iii) The applicant shall attend Police Station Baner on 17/09/2026 between 11.00 a.m. to 01.00 p.m. He shall cooperate with the investigation.
iv) The applicant shall file proof of his permanent residential address and address proof of his two relatives, excluding persons residing with him, before the Investigating Officer on 17/09/2026.
v) The applicant shall furnish his valid mobile number and valid mobile numbers of his two relatives and surety, if any, before the Investigating Officer on 17/09/2026.
vi) The applicant shall attend the date of proceeding during trial regularly.
vii) The applicant shall not commit an offence similar to the offence of which he is accused, or any other offence.
viii) The applicant shall not contact any witness by any mode or manner till the conclusion of trial.
ix) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
x) Breach of any of the above mentioned conditions shall be the ground for prosecution to move an application for cancellation of bail of the applicant.
Date: 15.09.2026
(R.R. Mendhe)
Additional Sessions Judge
Pune
“CERTIFICATE: I affirm that the contents of this P.D.F. file order are same word for word as per original order.”
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