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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 148 OF 2022
(CNR No. MHCC020007382022)
Akash Ramesh Umap
)
… Applicant / Accused
Versus
The State of Maharashtra
)
(Through Worli Police Station) )
… Respondent
Ld. Adv. Anil Bansode 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 : 21.02.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 1056 of 2021 registered with Worli Police Station for the offences
punishable u/s. 376, 376 (2)(N) of I.P.C.
2.
As per FIR, the complainant got acquainted with Accused
in November2019 he being cousin of her friend Reshma Dayalkar. It is
alleged that in May2020, the Accused called the complainant to his
house under the pretext that Reshma is seriously ill. Therefore, the
complainant went to her house. However, Reshma was not available. At
that time, Accused informed that he falsely stated that Reshma is ill.
Thereafter, he gagged the mouth of complainant, gave threats to her
and forcibly committed rape. Since the complainant was frightened she
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had not disclosed the incident to anybody. Thereafter, the Accused
again called the complainant. He asked for the apology and promised to
marry with her. Thereafter, he repeatedly committed sexual intercourse
with the complainant. The complainant found that she is pregnant due
to the said physical relation. Hence, she requested for early marriage.
At that time, Accused refused to marry with complainant. Therefore, the
complainant filed complaint against the Accused.
3.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. It is submitted that there
was love affair between complainant and Accused and they decided to
marry with each other. However, the family members of the
complainant were against the said marriage. Therefore, the present
false case is filed. It is further submitted that the complainant and
Accused were residing together till the arrest of the Accused.
It is
further submitted that the issues between them were resolved and
therefore, complainant gave no objection and executed Affidavit.
Therefore, he prayed for release on 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
in progress. Therefore, if the Accused is granted bail, then there will be
every possibility that Accused will tamper with the prosecution
evidence. So also, there is every possibility that he will threaten the
prosecution witnesses. Therefore, the prosecution strongly objected for
release of Accused on bail.
5.
In the present matter, the complainant and Accused were
having love affair. It is alleged by the complainant that the Accused
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promised to marry with her and therefore, her relation with Accused
continued. However, when she became pregnant, the Accused refused
to marry with her. The Affidavit executed by the original complainant is
signed by the Accused. She submitted that the present complaint is filed
due to some petty issues. Therefore, she is not having objection for
release of Accused on bail.
6.
Considering the said affidavit produced on record, as
complainant and Accused intends to marry with each other, the prayer
made by the Accused for grant of bail is hereby allowed. Hence, I
proceed to pass following Order :
ORDER
1.
The Bail Application No. 148 of 2022 is hereby allowed.
2.
The Applicant / Accused Mr. Akash Ramesh Umap be
released on bail, in C.R. No. 1056 of 2021 registered by Worli
Police Station on furnishing P.R. Bond of Rs. 30,000/ (Rupees
Thirty Thousand only) with one or more solvent sureties in the like
amount.
3.
The Applicant is further directed to visit Worli 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.
5.
The Applicant shall submit the proof of his residential
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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.
12.
The Provisional cash bail is allowed for Eight weeks.
Date : 21.02.2022.
Dictation Typed on
Checked & Signed on
:
:
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
21.02.2022.
22.02.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22.02.2022 at 2.30 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)
21.02.2022
22.02.2022
22.02.2022