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Criminal Bail Application No.917/2022
CNR NO. MHCC02-005130-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 917 OF 2022
IN
C.R. NO. 267 OF 2022
Mr. Ashwin Bhimrao Gholap,
Adult, aged about 27 years,
Occ: Service
Add: Jalprabhat Society, Galli No.3,
Ramabai Nagar, Ghatkopar (East),
Mumbai – 400 075.

…Applicant/ Accused
Versus
The State of Maharashtra
at the instance of Ghatkoper Police Station
in Crime No.267/2022
…Respondent
Appearances:
Advocate Mr. Samadhan Sulane for the applicant/Accused.
ADDL. P.P. Mrs. Bhandari for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 22nd APRIL, 2022.

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Criminal Bail Application No.917/2022
:ORDER:
This is 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.267/2022 for the
offence punishable under Section 376(2)(n), 417, 323, 504 and 506 of
the Indian Penal Code, 1860 (hereinafter referred to as “IPC”)
registered with Ghatkopar Police Station.
2.

Heard argument of learned counsel for accused and learned Addl.

PP for the State.
3.

Prosecution has alleged that informant’s husband died. Informant
was staying with her daughter. Informant got acquainted with accused
through Facebook in the year 2017. It is further alleged that accused
and informant started talking with each other on mobile and thereafter,
informant called accused to meet at her house. Accused came to
informant’s house and had talked with her. It is further alleged that
after some days accused gave promise of marriage to informant. It is
further alleged that thereafter accused had sexual relations with her. It
is further alleged that accused used to tell informant that he is going to
marry her. It is further alleged that after some days accused told
informant that his father had a heart attack and his father has already
chosen girl for his marriage. It is further alleged that accused promised
informant that after marrying with the girl of choice of his father, he
will give divorce to that girl and marry with informant. It is further
alleged that thereafter, again accused had sexual relations with
informant. It is further alleged that informant went to house of accused
and found that his father is bed-ridden and therefore, she trusted him.
It is further alleged that after accused marrying another girl then on the
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Criminal Bail Application No.917/2022
very next day he came to informant and told her that within a month he
is going to give divorce to his wife. Thereafter, accused used to visit 4-5
in a week to the house of informant and have sexual intercourse with
her. It is further alleged that after some days informant made phone
call on mobile of accused and it was picked up his wife. Informant told
her about relation between her and accused. It is further alleged that
again accused accepted his mistake and promised to marry her. It is
further alleged that there was meeting between relatives of accused and
informant. It is further alleged that after the meeting accused beat
informant and told her to finish the subject of marriage. When
informant refused for the same, he again started beating her and he
gave her threats to kill. Therefore, FIR came to be lodged with police.
4.

Applicant-accused has contended that informant kept physical
relation at her residential place with him. Applicant-accused has further
contended that he never gave any promise of marriage to informant.
Applicant-accused has further contended that informant is already
married having child. Applicant-accused has further contended that
informant attended engagement ceremony in the 2021 of accused.
Applicant-accused has further contended that he has not committed any
crime and prayed to be released on bail.
5.

Prosecution has filed reply and stated that if accused is released
on bail then he may threaten witnesses and objected the bail
application.
6.

Learned counsel for accused argued that the sexual relations
between the parties were consensual one. He has contended that
informant was aware that accused is married still she continued with
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Criminal Bail Application No.917/2022
sexual relations with him at her own residence. He further argued that
informant is major. It appears that prosecution has specifically alleged
that accused first gave promise of marriage to informant and then had
sexual relations with her and thereafter he specifically told that his
father is having a heart-attack and therefore, he is marrying the girl of
his father’s choice and he will give her divorce and re-marriage with
her. It is further alleged that informant went to his house and confirmed
the same by seeing that father of accused was bed-ridden. It is further
alleged that even after marriage of accused, accused till continuing
giving promise of marriage to informant and had sexual relations with
her. Prosecution has alleged that when informant made phone call on
the mobile of accused, his wife picked-up phone and informant told her
about the relation between her and accused and thereafter, there was
meeting and then accused told informant to finish the subject of
marriage. It appears, when the wife of accused came to know about
such relation then accused first time told informant that the subject of
marriage is to be finished.
7.

It appears, as per the allegations of prosecution since 2017 till
informant informed about relation between her and accused to wife of
accused, accused kept giving promise of marriage to her to have sexual
relations with her and refused to marry when wife was told about their
relation on phone. Hence, prima faciely it appears by giving false
promise of marriage accused induced informant to keep sexual relations
with him. There is no reason shown if the relation between informant
and accused was consensual and accused never gave promise to marry
then why informant would have preferred to file FIR and asked him to
marry. Further prosecution has stated that if accused is released on bail
then he may threaten witnesses and put pressure on informant. Hence,
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Criminal Bail Application No.917/2022
it appears matter is under investigation. The alleged offence is serious
that by giving false promise of marriage accused had sexual relations
with informant for more than three years. The matter needs to be
investigated. Hence, it will not be proper to release accused on bail at
this stage. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.917 of 2022 is rejected.

2.

Criminal Bail Application No.917 of 2022 stands disposed of
accordingly.

Dt. 22.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 22.04.2022
: 22.04.2022
: 22.04.2022
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Criminal Bail Application No.917/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
27/04/2022 at 11.09 a.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 22/04/2022
Judgment/Order signed by P.O.on
22/04/2022
Judgment/Order uploaded on
27/04/2022
(Court