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Criminal Bail Application No.963/2022
CNR NO. MHCC02-005459-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.963 OF 2022
IN
C.R. NO. 12 OF 2022
Mr. Ajay Ramsahay Patwa
Age 40 Years, Occ. Business,
R/at. Room No.A-26, Laxmi Baug,
M.G. Road, Near Deslan Bakery,
Kela Vakha, Mumbai- 400017.

…Applicant
Versus
The State of Maharashtra
(At the instance of Sr. P.I. Dharavi Police
Station, Dist: Mumbai)
…Respondent
Appearances:
Advocate Mr. Kuldeep Shankarrao Patil along with Advocate Ms. Saili
Dhuru for the applicant/accused.
APP Mrs.Meera Choudhary-Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 9th MAY, 2022.

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Criminal Bail Application No.963/2022
:ORDER:
This is an bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”) for
grant of regular bail in connection with Crime No.12/2022 for the offence
punishable under Sections 376, 377, 498(A), 354, 323, 504, 506(2) and
509 r/w 34 of the Indian Penal Code, 1860 (hereinafter referred to as
“IPC”) read with section 3 and 4 of Dowry Prohibition Act, 1961 registered
with Dharavi Police Station.
2.

Heard argument of learned counsel for accused and Ld. APP for the
State.
3.

Prosecution has alleged that accused Rajkumar and informant got
married in the year 2011. It is further alleged that after marriage
informant was treated like a servant. It is further alleged that informant’s
husband used to have unnatural sex with her and she used to have
bleeding injury in her anus and blood used to be oozing whole day from it
but she was not allowed to go to doctor. It is further alleged that when
informant was pregnant that time also her applicant-husband used to have
unnatural sex with her. It is further alleged that once she saw her husband
and accused Ranju in bedroom in nude condition and she was surprised.
But when she told about the same to her father-in-law and mother-in-law
they gave her threat to kill if she discloses such incidences to anyone. It is
further alleged that accused Ranju is wife of brother-in-law of informant.
She used to tell informant that she keeps her father-in-law and her
husband happy. It is further alleged that informant’s mother-in-law was
suffering from paralysis. It is further alleged that informant’s husband told
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Criminal Bail Application No.963/2022
her that she has to make her father-in-law also happy but informant
refused for the same. Informant’s father-in-law always used to do obscene
gesture when nobody at home. It is further alleged that informant’s parents
were residing near matrimonial home but for children she was bearing all
such cruelty and obscene act. It is further alleged that in July 2021, when
she was sleeping her brother-in-law Ajay put his finger in vagina and when
she switch on light she found that in place of her husband, her brother-inlaw was sleeping beside her in naked condition. When informant narrated
such incident to all, threats were given to kill her child. When informant
told that she will go to Police Station she was driven out of house.
Thereafter, informant’s husband told her that unless she becomes ready to
keep sexual relations with her father-in-law and brother-in-law she will not
be taken back at her matrimonial home and therefore, informant is staying
at her parent’s house. Therefore, FIR came to be lodged with police.
4.

Applicant-accused has contended that informant is sister-in-law of
applicant. Applicant-accused has further contended that informant did not
wish to stay in joint family and adjust with the family of applicant which
consist of all accused persons. Applicant-accused has further contended
that due to ego clashes, informant left matrimonial home and went to stay
with her parents. Applicant-accused has further contended that owing to
the constant clashes between family over the lack of space, applicant and
his wife had even purchased a different flat in the year 2020. Applicantaccused has further contended that he is falsely implicated in this case.
Applicant-accused has further contended that there is delay of more than
10 years in lodging the FIR. Applicant-accused has further contended that
parental house of informant is situated just opposite to informant’s
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Criminal Bail Application No.963/2022
matrimonial home hence it is impossible to believe that informant did not
inform her parents or anybody else about the alleged incidents since such a
long time. Applicant-accused has further contended that no complaint was
ever registered by informant against him or any of accused persons which
shows that FIR is afterthought and concocted story. Applicant-accused has
further contended that the allegations made by informant in the FIR
against present applicant is about fingering, fondling and kissing but there
are no injury marks on the body of informant. Applicant-accused has
further contended that he is in jail since 11.01.2022 and prayed to be
released on bail.
5.

Prosecution has stated that charge-sheet is filed against applicant-
accused. It is alleged that applicant-accused is brother-in-law of informant.
Considering the contentions of applicant-accused that FIR is filed after
delay of 10 years and informant’s parents also staying nearby and
allegations against applicant-accused is that accused kissed, touched and
did fingering. Accused has contended that he had taken separate house to
stay away from informant. Considering such contention and circumstances
a possibility cannot be fully ruled out that due to disputes and strained
relation this FIR is filed. It is a matter of trial whether accused committed
such offence. There are no criminal antecedents of accused brought on
record. Considering such circumstances, it will be proper to release
accused on bail on some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.963 of 2022 is allowed.

2.

Accused viz. Mr. Ajay Ramsahay Patwa be released on bail on his
furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand
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Criminal Bail Application No.963/2022
only), with one or more surety/sureties in the like amount, in
C.R.No. 12/2022 for the offence punishable under Sections 376,
377, 498(A), 354, 323, 504, 506(2) and 509 r/w 34 along with
sections 3 and 4 of Dowry Prohibition Act, 1961 registered with
Dharavi Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused 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 them from disclosing such facts to the court
or any police officer.
(iv) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue with
the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
3.

Criminal Bail Application No.963 of 2022 stands disposed of
accordingly.

Dt. 09.05.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 09.05.2022
: 09.05.2022
: 09.05.2022
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Criminal Bail Application No.963/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
11/05/2022 at 12.26 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 09/05/2022
Judgment/Order signed by P.O.on
09/05/2022
Judgment/Order uploaded on
11/05/2022
(Court