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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 1066 OF 2022
(CNR No. MHCC020060232022)
Mr. Abdul Gulab Sayed
)
… Applicant / Accused
Versus
The State of Maharashtra
)
(Through DCBCID,Property Cell Unit))
… Respondent
Ld. Adv. Aarti Dharamsey / Leela Ranga 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 : 25.05.2022.
ORDER
This is an application filed by the applicant under Section
439 of the Code of Criminal Procedure 1973, for granting anticipatory
bail in connection with Crime No. 66 of 2021 registered with Malvani
Police Station for the offence punishable under Sections 292, 293, 420,
376 r/w 34 of the Indian Penal Code & Sections 67 & 67 (A) of
Information Technology Act, 2005 & Sections 3, 4, 6 & 7 of Indecent
Representation of Women (Prohibition) Act 1986.
2.
The factual matrix of the prosecution case is that, since
2016 the complainant is working in Hindi and Marathi serials. She had
come in contact with one Mr. Ajit who gives roles to the actors in TV
serials. She expressed her desire to Mr. Ajit to work in Web Series for
which she shared her photo and profile to Mr. Ajit on his mobile phone.
On 10.01.2021 at 11.45 am, Mr. Ajit called her and informed her that
Mr. Naresh and Mr. Mittul are knows to him and are into the job of
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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 complainant and Mr. Naresh had
a discussion. Thereafter, Mr. Naresh gave a call to the complainant and
told her that, they are shooting a web series at Madh Island, in which
the complainant 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 complainant 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 complainant which the
complainant 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 complainant 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 complainant
inside the hall of the bungalow where, she was told to wear the
Jewellery. At that time, 3 dwarf/tiny / Accused men came there and
told the complainant that, we were waiting for you to get 18 years old
so that we could make sexual relation with you and started taking her
inside a room. That time, she refused for the same but, Smt. Gehana
Vasisht threatened her and took her inside the room, where 3
dwarf/tiny men removed her cloths and established sexual relation with
her. After having sexual relations, the said 3 dwarf / tiny men went out
of the room. All the incident was recorded in a video. Thereafter, Smt.
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Gehana Vasisht asked the complainant 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 complainant. The complainant told
her that, she does not have this much money. Thereafter, Smt. Gehana
Vasisht once again told the complainant to wear her cloths and took her
inside the room. At that time, she made the complainant 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 complainant requested Smt. Gehana Vasisht to let her go
from there. That time, she threatened the complainant and told her
that, she should not speak about the incident with anyone or police.
Thereafter, the complainant asked her money from Mr. Naresh, that
time he informed the complainant that, money cannot be transferred to
her account and transferred the amount via Phonepay from the account
of Mr. Ajit. Thereafter, Mr. Ajit transferred Rs. 10,000/ into the bank
account of father of the complainant maintained with Dena Bank.
Thereafter, the complainant came to know that video of the said
incidents was uploaded on NUEFLIKS website by Smt. Gehana Vasisht
and due to which her image was lowered/defamed. Therefore, the
complainant lodged the report to the police station about the incident.
On the basis of report of the complainant, Crime No. 66/2021 came to
be registered against the applicant and coaccused for the offence
punishable under Sections 292, 293, 420, 376 r/w 34 of the Indian
Penal Code & Sections 67 & 67 (A) of Information Technology Act,
2005 & Sections 3, 4, 6 & 7 of Indecent Representation of Women
(Prohibition) Act 1986.
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The learned advocate for the Applicant argued that, the
Applicant is innocent. He is falsely implicated in the abovesaid crime by
the prosecution. The name of Applicant is not mentioned in FIR.
Moreover, the Applicant is barely 2.5 feet. Hence, he can’t be termed as
dwarf / tiny men. All the allegations are against Smt. Gehana Vasisht
and other coaccused. There is no direct allegation against the
Applicant. Nothing is to be recovered from him. Therefore, his custodial
interrogation is unwarranted. He is ready to abide any condition
imposed by court while enlarging him on bail. It is submitted that
Chargesheet is filed and investigation is completed. Hence, requested
for granting bail to the applicants.
4.
Per contra, the learned APP for the respondent strongly
opposed for granting bail by contending that, the Applicant alongwith
coaccused have committed serious offence as mentioned in the FIR.
The offence is serious. The Applicant forcibly committed sexual
intercourse with victim. The investigation is in progress. If, the
Applicant is released on bail then there is possibility to pressurize the
complainant and witnesses. Hence, requested for rejecting the
application.
5.
In view of the rival submission of both the sides and on
perusal of FIR, it appears that there is serious allegation of rape,
cheating and threat against the Applicant and coaccused namely
Smt. Gehana Vasisht. The Applicant committed sexual intercourse with
victim against her wish. There is direct allegation against the Applicant
in respect of the alleged offence. The nature of allegation against the
Applicant are serious in nature. The prosecution apprehends that, the
Applicant will tamper with the prosecution evidence.
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Looking into the gravity of offence, I am not inclined to
grant bail to the Accused. Hence, I hereby proceed to pass following
Order :
ORDER
The Criminal Bail Application No. 1066 of 2022 stands rejected.
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 25.05.2022.
Dictation Typed on
Checked & Signed on
:
:
25.05.2022.
27.05.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27.05.2022 at 5.50 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 25.05.2022
JUDGMENT/ORDER signed by P.O. 27.05.2022
on
JUDGMENT/ORDER uploaded on
27.05.2022