1
Cri. B.A. No.1773/2022
(CNR NO. MHCC02-009606-2022)
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1773 OF 2022
IN
C.R.NO. 754 OF 2022
Daya Mavji Jitiya
Age: 65 yrs. Occ: Nil.
Residing at: L-1B/103,
Sahakar Nagar Nandavan CHS,
New Mhada Colony,
Opp. Tilak Nagar Station(E.)
Chembur, Mumbai -400074
..Applicant
Vs.
The State of Maharashtra
(At the instance of N.M. Joshi Marg
Police Station)
..Complainant
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. MADHURI M. DESHPANDE
(Court Room No.41)
DATE : 19th August, 2022.
Adv. Sujit More for Applicant.
APP Mrs. Meera Choudhari-Bhosale for the State.

ORDER
1]
This is an application filed by the applicant under
Section 439 of the Code of Criminal Procedure, praying for
releasing him on bail in connection with C.R.No.754/2022
registered with N. M. Joshi Marg Police Station, Mumbai under
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Sections
376(2)(n), 334, 354(d), 509, 323, 506 of the Indian
Penal Code.
2]
Prosecution story in short is that, complainant lodged
report to N.M. Joshi Marg Police Station interalia contending that,
the accused during the period from 08.02.1993 to 04.05.2022 has
committed forcible physical sexual intercourse with her repetedly
at different places against her will without her consent, and also
outraged her modesty and threatened her, beat her, abused her and
taken amount from her and threatened her to show her videos to
her children and her work placeand will defame her. On these
allegations she lodged report and an offence punishable under
sections 376(2)(n), 334, 354(d), 509, 323, 506 of the Indian Penal
Code came to be registered against the accused vide crime
No.754/2022.
3]
The contention of the accused/applicant is that, he is
innocent and has been falsely implicated in the present case, the
allegations made in the FIR clearly shows that it is the case of the
complainant herself that the complainant having love affair with
the applicant. The applicant and complainant had a mutual love
and affection relationship with each other since last 20 years, and
everything was being happened by consent with the complainant.
The complainant is major and she is a consenting party to the
mutual love relationship. The applicant is permanent residence of
Mumbai and if he is released on bail there is no chance of
absconding or tampering prosecution evidence. He has no criminal
antecedents. He is ready and willing to co-operate with the police
machinery as and when called.

He will not tamper with the
prosecution witnesses and he will not pressurize or give any false
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Cri. B.A. No.1773/2022
assurance to any of the witnesses. He is ready and willing to abide
by any terms and conditions imposed by the Court.

Lastly, he
prayed to release him on bail.
4]
The prosecution has opposed the application by filling
say at Exh.2 on the ground that, investigation is obscence and is to
be conducted amount of Rs.4,50,000/- is yet to be recovered, and
if he will release on bail he threaten the prosecution witness and
complainant, and he will flee from the justice. He will not cooperate with the investigation agency. Hence, it prayed to reject
the application.
5]
Heard learned A.P.P for the State and learned counsel for the
accused.

Gone through the record and documents placed on
record by accused.
6]
In
view
of
these
facts,
following
points
arise
for
determination and findings thereon are recorded against each of
them, for the reasons stated below :
Sr.
No.

POINTS
1) Whether the accused are entitled for
bail ?
2) What order ?

FINDINGS
Yes.
As per final order.

REASONS
Point No.1 :7]
On perusal contains on FIR it appears that the accused
is aged about 65 years and complainant is aged about 61 years.
Complianant is major married, working ladym she having children.

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The period for which accused and complainant were having
physical relationship from 08.02.1993 to 04.05.2022, and FIR
lodged on 08.06.2022. There is a huge delay in lodging of the FIR.
The documentary evidence placed on record reveals that there is
previous enimity between complainant and accused. Wife of
accused had lodged report against one Mr. Shyam Shinde and
others. Say of the prosecution reveals that almost investigation is
over. The accused is arrested on 09.07.2022 the prosecution has
not prayed for further detention of the accused for further
investigation. Apprehension of the prosecution is only that, if he is
released on bail he will presurise the prosecution witnesses and
complainant. Apprehension of the prosecution can be taken care
of by imposing certain stringent condiitons.
8]
Considering these facts and circumstances of the
present case, I am of the view that, it will be just and proper to
allow this application and to release the applicant on bail imposing
some conditions. Hence, the following order :ORDER
1)
Cri. Bail Application No.1773 of 2022 is allowed.

2)
The applicant Daya Mavji Jitiya be released on bail for the
offence punishable under sections 376(2)(n), 334, 354(d),
509, 323, 506 of the Indian Penal Code in crime No.754/2022
registered with N. M. Joshi Marg Police Station, Mumbai, on
P.R. Bond of Rs.30,000/- with one or two local sureties in like
amount, on the following conditions :a)
The applicant 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 to any police officer.

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3)
Cri. B.A. No.1773/2022
b)
The applicant shall not leave India without permission of
the court.

d)
The applicant shall furnish his permanent address and
temporary address, if any, and her contact details to the
concerned Court.

e)
The applicant shall not change his residential address
without prior intimation to the Investigation Officer and
to the concerned Court.

f)
The applicant shall not talk with the complainant
personally or by any electronic mode till conclusion of
trial.

g)
The applicant shall not enter the vicinity where
complainant resides or works.

h)
If the applicant disobeyed any of the above condition,
the prosecution is at liberty to move the Court for
cancellation of bail.

Bail before lower Court.

4) Criminal Bail Application No. 1773 of 2022 is hereby disposed
off accordingly.
MADHURI
MILIND
DESHPANDE
19/08/2022
Date of Dictation
: 19/08/2022
Date of Transcription : 19/08/2022
Date of signature
: 19/08/2022
Digitally signed by
MADHURI MILIND
DESHPANDE
Date: 2022.08.20
15:07:26 +0530
(Mrs. Madhuri. M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
20/08/2022
Upload Time
Name of Stenographer
03.00 P.M.

Name of the Judge (With Court Room No.)

Mr. A. S. PATIL
HHJ Mrs. Madhuri
Deshpande (CR 41)
Date of Pronouncement of JUDGEMENT
/ORDER
19/08/2022
JUDGEMENT /ORDER signed by P.O. on
19/08/2022
JUDGEMENT /ORDER uploaded on
20/08/2022
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