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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1601 OF 2022
(CNR NO. MHCC020086642022)
Mr. Aman Shubahsh Barnwal
)
… Applicant /Accused
)
)
)
… Respondent
Versus
State of Maharashtra
(Through DCBCID Property Cell
Byculla, Mumbai.)
Ld. Adv. Sarita Tripathi for Applicant / Accused.
Ld. APP. Kshirsagar for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 22.08.2022
ORDER
The applicant has moved this application for grant of
regular bail under Section 439 of Code of Criminal Procedure in Crime
No. 66 of 2021 registered with DCBCID Police Station for the offence
punishable under Sections 292, 293, 420, 376, 376 (D) read with
Section 34 of the Indian Penal Code and under Sections 67, 67A of the
Information Technology Act read with Sections 3, 4, 6 and 7 of the
Indecent Representation of Women (Prohibition) Act, 1986.
2.
The story of the informant / victim is that, she is an actor
and since 2016 she is working in Hindi and Marathi serials. She had
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come in contact with one Mr. Ajit who offers roles to the actors in TV
serials. She expressed her desire to Mr. Ajit to work in Web Series for
which she shared her photos and profile with him on his cell phone. On
10.01.2021 at 11.45 am, Mr. Ajit called and informed her that
Mr. Naresh and Mr. Mittul are known to him and are into the job of
casting and can get her a role in Web Series and informed her that, her
mobile number is shared with them. At that time, Mr. Ajit added Mr.
Naresh on a conference call on which victim and Mr. Naresh had a
discussion. Thereafter, Mr. Naresh gave a call to the victim and told her
that, they are shooting a web series at Madh Island, in which the victim
has to play the role of Queen. For the said role, she will be paid Rs.
10,000/ as professional fees. Thereafter, Mr. Naresh had informed her
to come near Malad Railway Station. He picked her and took her at
Green Park Bungalow, Old Ferry Road, Madh Jetty, Madh, Malad West,
Mumbai. The victim was informed by Mr. Naresh that, Smt. Gehana
Vasisht is the Producer / Director of the web series. On reaching at the
said bungalow, her make up was done by the make up artist Mr. Umesh
as per the requirement of the web series. At that time, Smt. Gehana
Vasisht gave costumes to the victim which the victim wore and came to
do the video shoot in garden of the bungalow. Smt. Gehana Vasisht had
explained the story of web series wherein, the victim has to play the
role of Queen and Mr. Akash will play the role of King. She was
informed that, she will be playing her role in complete cloths.
Accordingly, the shooting of web series started in a bungalow.
Thereafter, Smt. Gehana Vasisht took the victim inside the hall of the
bungalow where, she was told to wear the Jewellery. At that time,
three dwarf / tiny men came there and told the victim that, they were
waiting for her to get 18 years old, so that they could make sexual
relation with her and started taking her inside a room. That time, she
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refused for the same but, Smt. Gehana Vasisht threatened her and took
her inside the room, where three dwarf / tiny men removed her cloths
and established sexual relation with her. After having sexual relations,
the said three dwarf / tiny men went out of the room. All the incidents
were recorded in a video. Thereafter, Smt. Gehana Vasisht asked the
victim to change her cloths, for which she went inside a room to change
cloths and informed to her not to do any such act in future and
requested her to let her go from there to which she told that, she has
spend Rs. 10,00,000/ for the shooting and demanded the said amount
to the victim. The victim told her that, she does not have that much
amount. Thereafter, Smt. Gehana Vasisht once again told the victim to
wear her cloths and took her inside the room. At that time, she made
the victim to have sexual intercourse with Mr. Aakash who was playing
the role of King in the web series. This incident was also recorded by
doing a video shoot. Thereafter, the victim requested Smt. Gehana
Vasisht to let her go from there. That time, she threatened the victim
and told her that, she should not disclose about the incident with
anyone or police. Thereafter, the victim asked her money from Mr.
Naresh. At that time the Mr. Naresh informed the victim that, money
cannot be transferred in her account and transferred the amount via
Phonepe from the account of Mr. Ajit. Thereafter, Mr. Ajit transferred
Rs. 10,000/ into the bank account of father of the victim maintained
with Dena Bank. Thereafter, the victim came to know that video of the
said incidents was uploaded on NUEFLIKS website by Smt. Gehana
Vasisht and due to which image of the victim was tarnished. Therefore,
the victim lodged the report to the police station about the incident. On
the basis of report of the victim, the aforesaid crime is registered.
During investigation, it revealed that the present accused is one of the
person amongst the three dwarf / tiny men who committed sexual
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intercourse with the victim. He came to be arrested and since then he is
languishing in jail.
3.
The applicant claims bail on the ground that the
investigation is completed and chargesheet is filed. The applicant /
accused is behind the bar since more than four months. The applicant /
accused is falsely implicated in this case. The applicant / accused is only
earning member of his family and longer detention will spoil his future.
The applicant / accused has no criminal antecedents. He is permanent
resident of Mumbai. He also submits that he is ready to 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 accused is not
the permanent resident of Maharashtra. The offence is made out against
the accused. The offence is serious in nature. If the accused is released
on bail, there is every possibility that he will tamper with prosecution
evidence and will threaten the informant / victim and other prosecution
witnesses. Therefore, the prosecution strongly objected for release of
the accused on bail.
5.
After going through the Prosecution case and argument
advanced, it appears that there are serious allegations against the
accused. Primafacie role of the accused is shown as he along with two
other persons committed sexual intercourse with the victim. The said
activities were videographed by the other coaccused and uploaded it
on the NUEFLIKS. It is primafacie appeared that the accused was well
aware that he has to do the sexual activities along with the other two
person with the victim. Thus, prima facie the involvement of the
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accused is well founded at this stage. Considering the facts and
circumstances and seriousness of the case and prima facie involvement
of the accused, I am not inclined to grant bail to the accused till the
evidence of the victim. Hence, I proceed to pass following Order :
ORDER
Criminal Bail Application No. 1601 of 2022 is hereby
rejected and accordingly disposed of.
Anita
Bajranglal
Sharma
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay
Date : 22.08.2022.
Dictation Typed on
Checked & Signed on
Digitally signed by
Anita Bajranglal
Sharma
Date: 2022.09.05
17:54:51 +0530
:
:
22.08.2022.
05.09.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05.09.2022 at 6.00 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 22.08.2022
JUDGMENT/ORDER signed by P.O. 05.09.2022
on
JUDGMENT/ORDER uploaded on
05.09.2022