Cri.Bail Application No.1741/2023
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MHCC020107892023
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1741 OF 2023
(CNR NO.MHCC02-010789-2023)
IN
C.R.NO.241 OF 2023
Akshay Narayan Patil
Age 28 years, Occupation: Service,
Address: Room No.27,
Police Colony Bldg.No.3,
Mahim Mumbai 400 016.
Permanent address:
Malawadi, Sarvade,
Kolhapur 416 212.
Vs.
Sr. Inspector of Police,
Chembur Police Station.
[At the instance of State of Maharashtra]
..Applicant/Accused
..Respondent
Appearance :Mr. Sanjay Jadhav, Ld. Advocate for Applicant.
Mrs. Meera Choudhari-Bhosale, Ld. Addl.P.P. for Respondent/State.
Mrs. Jagruti J. Upadhye, Ld. Advocate for Intervener.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE,
SMT. PRIYA P. BANKAR
(COURT ROOM NO. 41).
DATED : 09TH AUGUST, 2023.
ORDER
This is second bail application filed by accused under
Section 439 of Cr.P.C. in connection with C.R. No. 241/2023 registered
with Chembur Police Station for offence punishable under Sections 376,
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354-A, 354-D, 500, 501, 506 of Indian Penal Code, 1860 and section
67-A of the Information Technology Act.
02.
According
to
accused,
prosecution
has
completed
investigation and filed charge-sheet. He is permanent resident of
Maharashtra.
He is ready to co-operate with prosecution for
investigation. He shall not temper or hamper with prosecution
evidence/witnesses in any manner. He is young boy. No purpose will be
served to keep him in custody. He is innocent person and has no
criminal antecedents and not a single NC has been registered in any
other police station.
He is well educated person and he is Civil
Engineer. He has not committed any offence which narrated in this
case. He is a very good person and belongs to a good family. He is the
earning member of his family. He is ready to abide by the terms and
conditions imposed by this Court. Hence, prayed to release him on bail.
03.
The prosecution has filed reply vide Exh. 2 and has
opposed the application on the grounds that offence is serious in nature
and against woman. If accused will be released on bail, he will
pressurize the informant and prosecution witnesses and will also
obstruct during the investigation. Therefore, prosecution having
objection to release accused on bail.
04.
Heard Mr. Sanjay Jadhav, Ld. Advocate for Applicant; Mrs.
Meera Choudhari-Bhosale, Ld. Addl.P.P. for Respondent/State as well as
Mrs. Jagruti J. Upadhye, Ld. Advocate for Intervener. Perused the
documents.
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05.
The informant has appeared and she has filed her reply at
Exh. 5 to the bail application and submitted to reject the bail
application.
06.
As submitted on behalf of the accused, the accused has filed
previous bail application, before filing of charge-sheet. Now the accused
has again filed this application under section 439 of Cr.P.C. Now
investigation is completed and prosecution has filed charge-sheet. In
that case, there will not be any obstruction by the accused during the
investigation and his presence will also not required by the police. So,
he is seeking the relief to release him on bail.
07.
The allegations against the accused are that, the informant
is 42 years old and working as a teacher. She had a friendship with this
accused through facebook. Accused has proposed her but, she refused
by saying that she is already married and she lives with her husband
and children. After that, accused told her for friendship with him and
they began to chat on whatsapp with each other. Thereafter, on
7/5/2023, accused called the informant at Chembur. They meet there
and thereafter, accused took her at Lodge and forcibly kept physical
relations with her. He has also taken some obscene photographs and
videos at that time. Thereafter, accused has insisted the informant to
marry with him and threatened that he will send those photographs and
videos to her husband. He has even send photographs and messages
between them to the husband of informant. When her husband made
call to the accused, he threatened her husband to kill him. Therefore,
informant lodged report with the police.
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08.
According to accused, he is young boy and Civil Engineer.
He is sole earning member of the family and his family members are
depending upon him. He has further claiming that if he will be kept in
jail and keeping him with hardened criminals, will adversely affect his
future.
09.
On the other hand, according to prosecution, if accused will
be released on bail, he will pressurize the informant and prosecution
witnesses and will also obstruct during investigation and trial.
According to the prosecution, the allegations against accused are of the
serious in nature. Accused has sent photos and chat messages to the
husband of the informant and also threatened him to kill. So, the
prosecution has apprehension that the accused may involve in any
serious type of offence, after his release on bail.
10.
As it appears that now investigation is completed, so there
would not be any ground to pressurize the prosecution witnesses and
the informant. Custody of the accused with police will not be required.
Considerable time will be required to dispose of the case on merits.
Accused is young boy and educated person.
He do not having any
criminal antecedent. He is permanent resident of Mumbai. He is having
roots in the society. So, there will not be any hurdle to secure his
presence during trial. As to the apprehension of the prosecution, it can
be dealt with by imposing the terms and conditions to that effect.
11.
Considering all these aspects, the nature of allegations,
facts and circumstances of the case, antecedents of the accused and his
age, I find it is a fit case to release him on bail on certain terms and
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conditions. As to the apprehension raised by the prosecution, certain
terms and conditions will be imposed upon the accused and it will
suffice the purpose. Hence, proceed to pass following order:
ORDER
1.
Criminal Bail Application No.1741/2023 is hereby allowed.
2.
Accused Akshay Narayan Patil be released on bail in Crime No.
241 of 2023 registered with Police Station Chembur for the offence
punishable under Sections 376, 354-A, 354-D, 500, 501, 506 of the
Indian Penal Code, 1860 and section 67-A of the Information
Technology Act, 2000, on executing P.R. Bond of Rs. 50,000/- with
one or more surety/sureties in like amount, on the following
conditions :a)
Accused shall not contact to the informant and her relatives
and prosecution witnesses and shall not pressurize them, in
any manner and shall not tamper with prosecution evidence.
b)
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 him from disclosing
such facts to the Court or to any police officer.
c)
Accused shall not involve in similar type of offence in future.
d)
Accused shall not leave India without prior permission of the
Court.
e)
Accused shall not talk with the informant and her relatives
personally or by any electronic mode.
f)
Accused shall furnish his permanent address and temporary
address, if any, and his contact details to the concerned Court.
g)
Accused shall not change his residential address without prior
intimation to the Investigation Officer and to the concerned
Court.
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h)
3.
If the accused disobeyed any of the above condition, the
prosecution is at liberty to move the Court for cancellation of
bail.
Criminal Bail Application No.1741/2023 is disposed of accordingly.
PRIYA
PRAMOD
BANKAR
09/8/2023
Dictated on
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Transcribed on
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Draft given on
:
Checked & Corrected on :
Signed on
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Sent to Dept on
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Digitally signed
by PRIYA
PRAMOD
BANKAR
Date: 2023.08.14
16:45:45 +0530
(PRIYA P. BANKAR)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
09/8/2023
14/8/2023
14/8/2023
14/8/2023
14/8/2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
Upload Date Upload Time
14/8/2023
4.44 P.M.
Name of the Judge
(With Court Room No.)
Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ SMT.PRIYA P. BANKAR
(Court Room No. 41)
Date of Pronouncement of ORDER
09/8/2023
ORDER signed by P.O. on
14/8/2023
ORDER uploaded on
14/8/2023