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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 112 OF 2022
(CNR No. MHCC020005932022)
Ajay Bhabedra Nath @ Rajubhaiya )
… Applicant/Accused No. 1
Versus
The State of Maharashtra
(Through Bandra Police Station)
)
)
… Respondent
Ld. Adv. Sothe for Applicant /Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 15.02.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 522 of 2021 registered with Bandra Police Station for the offences
punishable u/s. 376, 506(II) r/w 34 of I.P.C.
2.
As per FIR, the Complainant is the married lady came to
Mumbai for work. She contacted the coaccused Yasmeen in connection
with the employment as the Mobile number of coaccused was provided
to her by her brotherinlaw. The Yasmeen called the Complainant at
one Yoga Meditation Shed situated at Bandra and introduced with the
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Applicant. The Applicant took the Complainant to the said shed, offered
her sandwich. Thereafter, informed to the Complainant that he will
make arrangement for stay of the Complainant with the other girls and
took her in one room. However, Complainant found nobody present in
the room. It is alleged that at that time the Applicant committed rape
on her. So also, he gave threats to the Complainant. Thereafter, on
13.09.2021 again the Applicant asked the Complainant to accompany
with him to Pune for work. The Complainant got frightened and she
returned to her sister’s place at Palghar and disclosed the incident.
Thereafter, the matter is reported to the police.
3.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. It is submitted on behalf of
the Applicant that he is not having any criminal antecedents. The bail is
rule and jail is exception. He submitted that there is delay in filing
complaint. So also, the averments made by the first informant can’t be
believed. The investigation is completed and Chargesheet is filed. He
submitted that he will abide the conditions of bail.
4.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the investigation
is completed. However, the offence is serious in nature. It is submitted
that it is the Applicant who committed rape under pretext of providing
work. Therefore, if the Accused is granted bail, then there is every
possibility that Accused will tamper with the prosecution evidence. So
also, there is every possibility that he will threaten the victim and
prosecution witnesses. Therefore, the prosecution strongly objected for
release of Accused on bail.
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After going through the Prosecution case and argument
advanced it appears that the Complainant came to Mumbai in
connection with employment. She contacted the coaccused for work.
Accordingly, the coaccused called the Complainant and handed over
her to the Applicant who committed rape. Therefore, the Applicant
involved in serious offence of rape. The offence is serious in nature.
However, now the investigation is completed and Chargesheet is filed.
It will take time to decide the matter on merit. Therefore, the prayer
made by the Accused for grant of bail is hereby allowed subject to
following conditions. Hence, I proceed to pass following Order :
ORDER
1.
The Bail Application No. 112 of 2022 is hereby
allowed.
2.
The Applicant / Accused Ajay Bhabedra Nath @
Rajubhaiya be released on bail, in C.R. No. 522 of 2021
registered by Bandra Police Station on furnishing P.R. Bond
of Rs. 40,000/ (Rupees Forty Thousand only) with one or
more solvent sureties in the like amount.
3.
The Applicant is further directed to visit Bandra
Police Station once in a week, i.e. every Monday between
4.00 to 6.00 p.m. and to maintain the diary in respect of
the visit till conclusion of trial.
4.
The Applicant shall not leave Maharashtra State
without prior permission of the Court.
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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
place where Prosecution witnesses are residing or to
contact them.
11.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for
cancellation of bail.
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The Provisional cash bail is allowed for Eight
Weeks.
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 15.02.2022.
Dictation Typed on
Checked & Signed on
:
:
15.02.2022.
21.02.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.02.2022 at 4.50 pm
UPLOAD DATE AND TIME
Name of the Judge (With Court
room no.)
Date
of
Pronouncement
of
JUDGMENT/ ORDER
JUDGMENT/ORDER signed by P.O.
on
JUDGMENT/ORDER uploaded on
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
SMT. SANJASHREE J. GHARAT
(C.R. No. 39)
15.02.2022
21.02.2022
21.02.2022