Cri.Bail Application No.345/2024
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MHCC020024562024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.345 OF 2024
IN
C.R.NO.101 OF 2012
Avinash Anna Bansode
Aged 44 Years , Occupation:Labour,
Residing at Room No.385,
Ambedkar Nagar, Digha,
Near Sai Mandir, Airoli,
Navi Mumbai, Thane 400 708.
(Presently lodged in Arthur Road
Central Prison)
..Applicant/Accused
Vs.
The State of Maharashtra
At the instance of Trombay Police Station
..Respondent
Appearances :Ld. Advocate Mr. Arvind Jaiswar, for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/
Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 15TH MARCH, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.101/2012 registered with Trombay Police Station for the offence
punishable under Sections 376, 363 and 366 r/w section 34 of the
Indian Penal Code, 1860.

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02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
Victim has filed her say at Exh.05.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the accused has only signed on the
declaration form of marriage between the victim and co-accused
Pappu. He submitted that the victim herself had married the coaccused. He submitted that two co-accused are granted bail. The
accused was arrested on 06/02/2024. FIR is lodged on 25/05/2012.
Charge-sheet is already filed. He submitted that no purpose will
serve by the continued incarceration of the accused. He submitted
that there are no criminal antecedents of the accused. He submitted
that accused is permanent resident of Navi Mumbai. The accused is
ready to abide by all terms and conditions imposed by the Court.
He has prayed for grant of bail to the accused.
04.

Per contra, Addl.P.P. submitted that the co-accused
Pappu got married with the victim on the sweet talk of another coaccused Deepali. The victim was minor at the time of marriage. The
offence is serious in nature. In statement of the victim recorded on
07/03/2024, she has stated that she was forcibly married to the coaccused Pappu by the other co-accused Deepali and present accused
Avinash. If the accused is released on bail, there is possibility of
repetition of crime, threatening the complainant, tampering with the
evidence. The victim submitted that the accused may not be granted
bail. They have prayed for rejection of the bail application.

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05.

Perused the record. FIR mentions that on 19/05/2012 at
about 08:00 p.m., the victim told her father that she is going out to
bring tobacco packet and did not return. On 22/05/2012, report was
lodged at Trombay Police Station. On 23/05/2012 at about 08:30
p.m., victim came back with Deepali Kale and it was learnt that she
has got married with Pappu. At this stage, investigation is over,
charge-sheet is submitted. The co-accused Pappu and Deepali are
already on bail. No purpose would be served by keeping the accused
behind bars. The role of the accused has seen for the charge-sheet is
signing as witness the declaration form of marriage between Pappu
and victim.
06.

Taking into consideration the limited role of the present
accused, stage of investigation i.e. charge-sheet is already filed, coaccused are already granted bail; it is found fit to grant bail to the
accused. Further, there are no criminal antecedents of the accused.
The accused is permanent resident of Navi Mumbai. To protect the
complainant and ensure presence of the accused for trial, terms and
conditions can be imposed on him while grant of bail. For the
aforesaid reasoning in supra paras, it is found fit to grant bail to the
accused by imposing certain terms and conditions. Hence, the orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Avinash Anna Bansode be released on bail in
Crime No.101 of 2012 registered with Trombay Police Station
for the offence punishable under Sections 376, 363 and 366 r/w
section 34 of the Indian Penal Code, 1860 on executing P.R.
Bond of Rs.50,000/- with one or more surety/sureties in like
amount, on the following conditions-
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a) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Trombay Police Station as and when
called by the Investigating Officer on written notice till
filing of the charge-sheet.

c) He shall not commit any offence in future.
d) He shall not contact the complainant, witnesses and their
family members directly or indirectly by any means till
conclusion of the trial.

e) He shall not upload any video or photographs of the
complainant on Social Media.

f) He shall not leave India without permission of the Court.
g) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

h) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

3.

Breach of any condition would entail cancellation of bail.

Date: 15/03/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
15/03/2024
04:54 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
15/03/2024
ORDER signed by P.O. on
15/03/2024
ORDER uploaded on
15/03/2024