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IN THE COURT OF SESSIONS AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1629 OF 2022
(CNR NO. MHCC020088382022)
Mr. Achal Sahebrao Sawant
)
… Applicant /Org. Accused
Versus
The State of Maharashtra
)
(Through Tilak Nagar Police Station) )
… Respondent
Ld. Adv. Jadhwar for Applicant / Accused.
Ld. APP. Kalpana Hire for State / Respondent.
Ld. Adv. Aseervatham for Intervener / victim.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 16.07.2022.
ORDER
The applicant / accused moved this bail application under
Section 439 of Criminal Procedure Code in Crime No. 540 of 2022, for
the offence punishable under Sections 376 and 376 (2)(n) of the Indian
Penal Code, registered with Tilak Nagar Police Station.
2.
Perused the application, Say and affidavit filed by the
victim and case diary. Heard the learned advocate appearing on behalf
of applicant / accused and learned A.P.P. for the State and also heard
victim.
3.
The informant / victim lodged report on 23.06.2022
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alleging therein that the accused is her relative and talks about their
marriage was going on. But due some problem, the marriage could not
be performed. It is alleged that the victim went to attend the marriage
ceremony of her relative at Badalpur alongwith her mother. The
accused met her there and they exchanged their mobile numbers. They
started talking and the accused proposed her. The family members of
the victim were ready for their marriage. Thereafter, they started
meeting and the accused under the pretext of marriage, repeatedly
committed sexual intercourse with the victim forcibly. It is further
alleged that the accused refused to perform marriage with her and thus
by going to police station, the victim lodged report. On the basis of the
said information, the aforesaid offence came to be registered against the
accused.
4.
The applicant / accused claims bail on the ground that he
is innocent and falsely implicated in this case. He further submitted that
no offence is made out against him. He also submits that there are love
affair between the accused and the victim. The victim lodged false
report with intent to extort money by blackmailing the applicant. He
also submitted that the investigation in respect of the applicant /
accused is completed and his longer detention is not required. He has
no previous criminal antecedents. The applicant / accused is behind the
bar since his arrest. He also submits that he is ready to abide by all the
conditions. Therefore, he prays to release him on bail.
5.
Per contra, the learned A.P.P. strongly opposed the
application on the ground that the offence is serious and strong prima
facie case is made out against the accused. So also, there are
possibilities of tampering of the prosecution evidence and threatening of
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witnesses, if the accused gets bail. The investigation is in progress and
there is possibility of absconding of the accused after getting bail.
Therefore, the prosecution strongly objected for release of Accused on
bail.
6.
The victim has filed an affidavit that the accused is ready to
perform marriage with her. Therefore, she has given no objection to
release the accused. The contents of FIR and Say filed by the
prosecution itself goes to show that the parties were having love affair.
Thus, primafacie it appears that the victim was consenting party. The
material investigation in respect of the accused is almost completed.
The accused is behind the bar since his arrest. The accused is not having
any previous criminal antecedents. As the victim herself has given no
objection to release him on bail, under such circumstance, further
incarceration of the accused would not suffice any purpose. So far as
the fear of the prosecution in respect of the tampering of the witnesses
is concerned, care should be taken by imposing certain conditions on
the applicant / accused while enlarging him on bail. Hence, I proceed to
pass the following order :
ORDER
1.
The Bail Application No. 1629 of 2022 is hereby
allowed.
2.
The Applicant / Accused Achal Sahebrao Sawant
be released on bail, in C.R. No. 540 of 2022 registered by
Tilak Nagar Police Station on furnishing P.R. Bond of
Rs. 25,000/ (Rupees Twenty Five Thousand only) with
one or more solvent sureties in the like amount.
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3.
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The Applicant is further directed to visit Tilak
Nagar Police Station once in a month, i.e. on every
3rd Saturday between 4.00 p.m. and 6.00 p.m. and to
maintain the diary in respect of the visit till conclusion of
trial.
4.
The Applicant shall not leave India without prior
permission of the Court.
5.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and
Election Card, if any.
6.
The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.
The Applicant is further directed not to tamper
with the prosecution evidence or witnesses.
8.
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 the Police
Officer.
9.
The Applicant shall regularly attend the case on
each and every date.
10.
The Applicant is further directed not to visit the
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place where victim and prosecution witnesses are residing
or to contact them in any manner.
11.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for
cancellation of bail.
12.
The Provisional cash bail is allowed for three
months.
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 16.07.2022.
Dictation Typed on
Checked & Signed on
:
:
16.07.2022.
19.07.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
19.07.2022 at 3.25 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. A. B. SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 16.07.2022
JUDGMENT/ORDER signed by P.O. 19.07.2022
on
JUDGMENT/ORDER uploaded on
19.07.2022