Cri.Bail Application No.651/2024
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MHCC020041682024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.651 OF 2024
IN
C.R.NO.148 OF 2024
Istekhar alias Rahil Sainullah Khan
Age 32 Years, Occupation: Business,
Residing at Room No.374,
Behind Sangamnagar Police Beat
Chowky, S.P. Road, Wadala East,
Mumbai 400 037.
(Presently lodged in Taloja Jail)
..Applicant/Orig.Accused
Vs.
The State of Maharashtra
At the instance of Wadala Truck
Terminal Police Station
..Respondent
Appearances :Ld. Advocate Mr. Asif Naqvi, for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/
Respondent.
Ld. Advocate Mr. Amreen Shariff for the Intervener.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 18TH 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.148/2024 registered with Wadala T.T. Police Station for the
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offence punishable under Sections 376, 376(2)(n) and 504 of the
Indian Penal Code, 1860.
02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.6. It is adopted by the Ld. Addl.P.P.
Complainant has filed affidavit at Exh.05.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the complainant had given certain
amount of loan to the accused but as the accused did not return the
amount, she lodged FIR against him. He further submitted that they
never had physical relations and in the Metropolitan Magistrate’s
Court also the victim filed affidavit to that effect. He submitted that
the loan amount is returned by the accused to the complainant. The
accused was arrested on 03/03/2024. He submitted that continued
incarceration of the accused is not required. There are no criminal
antecedents of the accused. The accused is permanent resident of
Mumbai. He is ready to abide by all terms and condition imposed
by the Court. He has prayed for grant of bail to accused.
04.

It is the contention of Ld. Addl.P.P that the offence is
serious in nature. If the accused is granted bail, he would pressurize
the complainant, hinder the investigation and tamper with evidence.
If the accused is granted bail, there is possibility that he would
abscond and not remain present for trial.

She submitted that
application may be rejected.
05.

It is the contention of advocate of the victim that the
loan amount is returned by the accused and the victim has filed
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affidavit at Exh.05 that she has no objection to grant bail to the
accused.
06.

Perused record. FIR shows that the complainant and
accused met on Instagram. From 2021 to 2022 the complainant had
given the amount of Rs.1,25,000/- to the accused as loan for his
business. Their friendship turned into love. They have sexual
relationship many times at different places. The accused had given
promise of marriage to the complainant in the presence of her
mother. On 01/03/2024 the complainant came to know that the
accused is already married in the year 2016 and has one boy and one
girl child. FIR was lodged on 02/03/2024.
07.

Victim present. She is identified by Advocate Amreen
Shariff. The accused was arrested on 03/03/2024. Whether the sexual
relationship between the complainant and the accused was
consensual or not would be decided after trial. At this stage, taking
into consideration the affidavit of the complainant at Exh.05 that
she has no objection to grant bail to the accused; continued
incarceration of the accused is not required or warranted. Advocate
Asif Naqvi for accused and Advocate Amreen Shariff for victim
submitted that with the consent of the complainant they are going to
file Criminal Writ Petition for quashing of FIR before the Hon’ble
High Court. Their statement at Bar is taken on record. They filed
pursis at Exh.07 mentioning that they are going to file Criminal Writ
Petition to quash the FIR.
08.

Further, there are no criminal antecedents attributed to
the accused. The accused is permanent resident of Mumbai.

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Similarly, to protect the complainant, avoid future dispute and
repetition of offence, to ensure the presence of the accused for trial,
certain terms and condition can be imposed on the accused. For the
aforesaid reasoning, it is found fit to grant bail to the accused by imposing
certain terms and conditions. Hence the order-
ORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Istekhar alias Rahil Sainullah Khan be released on
bail in Crime No.148 of 2024 registered with Wadala T.T.
Police Station for the offence punishable under Sections 376,
376(2)(n) and 504 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 :a) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Wadala T.T. Police Station on the 1 st and
3rd Sunday of every month from 10:00 a.m. to 10:30 a.m.
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.

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3.

Bail before the Ld. Metropolitan Magistrate.

4.

Breach of any condition would entail cancellation of bail.

Date: 18/03/2024
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
18/03/2024
01:49 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
18/03/2024
ORDER signed by P.O. on
18/03/2024
ORDER uploaded on
18/03/2024