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Criminal Bail Application No.734/2022
CNR NO. MHCC02-004209-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.734 OF 2022
IN
C.R. NO.64 OF 2022
Balachandran Ganeshan Devendran
Age 34 years, Occu: Service,
R/o Room No.201, A Wing,
Sahyadri Apartment,
Dharavi Mumbai.

…Applicant/ Org. Accused
Versus
The State of Maharashtra
(Shahu Nagar Police Station)
…Complainant
Appearances:
Advocate Mr. Aalekh Wagh for the applicant/Accused.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 12th APRIL, 2022.
:ORDER:
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Criminal Bail Application No.734/2022
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.64/2022 for the offence
punishable under Sections 376, 376(2)(n), 417 and 506 of the Indian
Penal Code, 1860 (hereinafter referred to as “IPC”) registered with Shahu
Nagar Police Station.
2.

Heard argument of learned counsel for accused and learned APP for
the State.
3.

Prosecution has alleged that accused used to visit his maternal uncle
who was staying in front of informant. They got acquainted with each
other and their relation got converted into love. It is further alleged that
accused proposed informant for marriage. Informant accepted such
proposal. Thereafter, accused and informant used to talk on mobile and
used to go to stroll. It is further alleged that in March 2017, informant
visited house of accused at night and accused told her that he is going to
marry her and had sexual relations with her. It is further alleged that after
three days again he did sexual intercourse with her. It is further alleged
that again in September 2017, accused went to his village by saying that
he is going to meet his family. After some days he came back to Mumbai by
getting married. When informant went for party kept by accused she came
to know that he got married and there was quarrel between him and her
on mobile and then they stopped talking with each other. It is further
alleged that in May 2019, accused again contacted informant and he told
her that he got married forcefully and he does not like his wife and he
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Criminal Bail Application No.734/2022
wants to marry with informant and she again trusted him and in February
2020 at 5.30 a.m. accused called informant at his home and told her not to
get married to anyone and had sexual relations with her. It is further
alleged that thereafter upto 15.12.2021 accused called informant many
times at home and had sexual relations with her. It is further alleged that
after some days, the love affair between informant and accused came to
knowledge of wife of accused and he started avoiding talking and meeting
informant. He put her number in block list. Accused told informant’s
mother that he will not marry informant and told you do whatever you
want. It is further alleged that when informant contacted accused on
02.03.2022 he put her number in block list. It is further alleged that on
18.03.2022, when informant went to talk to house of accused, he closed
door on her face, insulted her and drove her out of house. Therefore, FIR
came to be lodged.
4.

Applicant-accused has contended that he and informant had love
affair before his marriage but there was no promise of marriage as their
communities and status are different. Applicant-accused has further
contended that informant was contacting him at odd hours on his mobile
phone in spite of his warning that he is a married man and cannot keep
sexual relations with her but she was insisted for keeping sexual relations
with her. Applicant-accused has further contended that he never had
sexual intercourse with informant against her wish and consent and prayed
to be released on bail.

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5.

Criminal Bail Application No.734/2022
Prosecution has stated that yet mobile is not produced by accused.

Prosecution has further stated that accused is from Tamilnadu and if he is
released on bail then he may abscond and objected the bail application.
6.

It appears, as per the allegations in the FIR informant and accused
got acquainted with each other in the year 2017. It is alleged that
thereafter they fall in love and accused asked for marriage and informant
accepted the same. It is alleged that then at the house of accused in the
year May 2017 on one day at 02.00 a.m. accused had sexual relations with
her. It is alleged that in September 2017, accused got married to another
lady and informant was called in the party kept for such marriage. It is
alleged that, that time informant came to know that accused is married.
But it is alleged that again in 2019, accused told informant that he will
marry her and again at the house of accused, he had sexual relations with
her upto 2021. It is alleged that when wife of accused came to know about
such affair, accused started avoiding talking and meeting with her and put
her number in block list. It is alleged that in March 2022, accused closed
door on the face of informant and drove her out of house. These
allegations clearly show that informant was knowing since September
2017 that accused is a married man but still she continued to keep sexual
relations with him at his house from 2019 to 2021. Such circumstances
raised possibility of consensual sexual relations between informant and
accused. Therefore, there appears some substance in the contention of
accused that the relation between informant and accused were consensual
one.

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7.

Criminal Bail Application No.734/2022
Learned counsel for accused has cited Order of the Hon’ble Bombay
High Court in case of Mahesh Balkrishna Dandane Vs. The State of
Maharashtra in Criminal Anticipatory Bail Application No.27 of 2014 With
Criminal Intervention Application No.179 of 2014 decided on 12.03.2014,
in which it is held that, “A major and educated girl is expected to know
demand of her body and to understand the consequences of getting into
sexual relationship. Today the law acknowledges live in relationship. The
law also acknowledges a woman’s right to have sex, woman’s right to be a
mother or woman’s right to say no to motherhood. Thus, having sexual
relationship with a man whether is her conscious decision or not is to be
tested independently depending on the facts and circumstances of each
and every case and no straight jacket formula or any kind of labelling can
be adopted.” In the case in hand accused contends that he never gave
promise to informant. It is alleged that in the year 2017 accused and
informant had sexual relations then accused got married to another lady
and informant was knowing about it and thereafter also accused had
sexual relations with informant from 2019 to 2021. These circumstances
pointing that the relationship between them were consensual. Therefore,
this case law is applicable to the case in hand. There are no criminal
antecedents of accused brought on record. Merely because accused is from
other State he cannot be denied bail. Considering such circumstances and
allegations, it appears, no purpose is going to be served by keeping
accused behind the bar. Hence, it will be proper to release accused on bail
on some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.734 of 2022 is allowed.

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2.

Criminal Bail Application No.734/2022
Accused viz. Balachandran Ganeshan Devendran be released on bail
on his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen
Thousand
only), with one or more surety/sureties in the like
amount, in C.R.No.64/2022 for the offence punishable under
Sections 376, 376(2)(n), 417 and 506 of IPC registered with Shahu
Nagar Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall co-operate with the investigation of Police.
(iv) Accused is directed to attend concerned Police Station on every
Thursday between 6.00 p.m. to 8.00 p.m. till filing of final report by
police.
(v) Accused is directed not to leave Mumbai without giving
intimation of going out of Mumbai to the Investigating Officer and
his address out of Mumbai to the Investigating Officer and contact
number till the final report is filed by police.
(vi) 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 them from disclosing such facts to the court or
any police officer.
(vii) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue with
the mobile numbers provided to Investigating Officer will inform
new mobile number to Investigating Officer till the conclusion of
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Criminal Bail Application No.734/2022
the trial. Investigating Officer to submit such addresses and phone
and mobile numbers to the Court.
3. Criminal Bail Application No.734 of 2022 stands disposed of
accordingly.

Dt. 12.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 12.04.2022
: 12.04.2022
: 12.04.2022
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Criminal Bail Application No.734/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
21/04/2022 at 1.19 p.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 12/04/2022
Judgment/Order signed by P.O.on
12/04/2022
Judgment/Order uploaded on
21/04/2022
(Court