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Criminal Bail Application No.677/2022
CNR NO. MHCC02-003912-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 677 OF 2022
IN
C.R. NO. 63 OF 2022
Darshan Lahu Anbhavane
Age : 36 years, Occupation – Service
Residing at Room No.1312, Bldg
7B/1, Sanjivani CHSL, Golibar Road
Near Maratha Colony, Santacruz (E)
Mumbai – 400055.
at present lodged at Arthur Road
Central Prison at Mumbai.

…Applicant/Accused
Versus
The State of Maharashtra
(At the instance of Vakola Police Station,
Mumbai vide their C.R. No.63/2022)
…Respondent
Appearances:
Advocate Ms. Raziya Shaikh for the applicant/Accused.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.

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Criminal Bail Application No.677/2022
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 7th APRIL, 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.63/2022 for the offence
punishable under Sections 376(2)(n) and 506 of the Indian Penal Code,
1860 (hereinafter referred to as “IPC”) registered with Vakola Police
Station.
2.

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

Prosecution has alleged that informant is married. Accused is
neighbor of informant. It is further alleged that accused told informant
that his wife has left him. It is further alleged that accused proposed
informant and told her that he likes her. It is further alleged that thereafter
accused and informant went in a hotel in October 2021 and he tried to
have sexual relations with informant and informant refused for the same
but he had sexual relations with her. It is further alleged that again in
November 2021, informant and accused went to a hotel and had sexual
relations. It is further alleged that thereafter accused told informant to
send her photos and accordingly informant sent him photos. It is further
alleged that thereafter accused used to take doubt on informant and when
she talks with other male person then he told her to behave as he says. It is
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Criminal Bail Application No.677/2022
further alleged that informant due to such mental harassment told accused
to end love relationship. That time accused gave her threats to disclose
about such relations to her husband. He gave her threats to make her
photos viral in the mobile. It is further alleged that on 31.12.2021, accused
and informant again met in the hotel and again he gave her threats to
disclose their relations to family members of informant and defame her. He
forced informant to take liquor and then against her wish had sexual
relations with her. It is further alleged that when informant told him not to
keep love relations with her, he told her that he is having all photos of that
night in his mobile. He has taken photos of that night in his mobile and
gave threats to make them viral. It is further alleged that thereafter also
accused was giving her threats to defame her if she does not meet him. It is
further alleged that informant blocked his mobile number. It is further
alleged that informant came to know that he kept WhatsApp status and DP
of her photo and was getting mentally trouble and FIR came to be lodged.
4.

Applicant-accused has contended that in the FIR informant has
admitted that she had love affair with accused since June, 2021. She
willingly accompanied with accused to the hotel. Applicant-accused has
further contended that there is delay of one year in lodging FIR. Applicantaccused has further contended that informant has taken loan amount of
Rs.50,000/- from him and executed Promissory Note to that effect.
Applicant-accused has further contended that informant herself shared her
photos with him. Applicant-accused has further contended that it is not
alleged that such photos are nude or obscene. Applicant-accused has
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Criminal Bail Application No.677/2022
further contended that this is a false FIR filed against him and prayed to be
released on bail.
5.

Prosecution has filed reply and stated that they have seized mobile
of accused and drawn spot panchnama and recorded statement of
informant and her husband. They sent informant for medical examination.
They have recorded statement of the people working in the hotel.
Prosecution has further stated that accused and informant are neighbors of
each other and accused may threaten informant and other witnesses if
released on bail and objected the bail application.
6.

It appears, as per the allegations in the FIR informant is also married
and accused is also married. They are neighbors of each other. In the FIR it
is nowhere alleged that accused gave any promise of marriage to
informant. It is alleged that simply accused told informant that he likes her.
Informant and accused visited the hotel in 2021. It appears, for sexual
relations between them in October 2021, no FIR is alleged immediately. It
appears, informant and accused visited hotel for more than one time and
had sexual relations. These all circumstances prima faciely shows that such
sexual relations were consensual.
7.

It appears as per allegations of prosecution informant wanted to end
such relationship. That time accused gave her threat to defame her by
disclosing about the same to her family members and make viral photos
which are in his mobile. But it is not alleged that such photos are obscene
or nude. Further prosecution has stated that they have seized mobile of
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Criminal Bail Application No.677/2022
accused. Therefore, it appears, no purpose is going to be served by keeping
accused behind the bar. Prosecution has stated that accused and informant
are neighbors. It appears no criminal antecedents of accused brought on
record. Considering such allegations and circumstances it appears, it will
be in the interest of justice to release accused on bail on some conditions.
Hence, pass following order:
ORDER
1.

Criminal Bail Application No.677 of 2022 is allowed.

2.

Accused viz. Darshan Lahu Anbhavane 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. 63/2022 for the offence punishable under Sections 376(2)
(n) and 506 of IPC registered with Vakola 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
Friday between 10.00 a.m. to 11.00 a.m. till filing of final report by
police.
(v) 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.

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Criminal Bail Application No.677/2022
(vi) 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 the trial.
Investigating Officer to submit such addresses and phone and
mobile numbers to the Court.
3.

Criminal Bail Application No.677 of 2022 stands disposed of
accordingly.

Dt. 07.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 07.04.2022
: 07.04.2022
: 07.04.2022
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Criminal Bail Application No.677/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
19/04/2022 at 10.07 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 07/04/2022
Judgment/Order signed by P.O.on
07/04/2022
Judgment/Order uploaded on
19/04/2022
(Court