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Criminal Bail Application No.652/2022
CNR NO. MHCC02-003729-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.652 OF 2022
IN
C.R. NO. 150 OF 2022
Mr. Javed Ahmed Shaikh
Aged 24 years Indian Inhabitant
Residing at Shanti Nagar,
Hutment, Ground Floor, Salt Pan
Rd. Wadala (East), Mumbai.

…Applicant/accused
Versus
The State of Maharashtra represented By
Sr. Inspector of Police, Santacruz Police
Station, Mumbai in C.R. No.150/2022
Transferred from Kurla Police Station
in C.R.No.00/2022 at the instance of Miss
Varsha Vijaypal Valmiki
…Respondent/
Complainant
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Criminal Bail Application No.652/2022
Appearances:
Advocate Mr. Ayyub Patel 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 : 4th 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.150/2022 for the offence
punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter
referred to as “IPC”) registered with Santacruz Police Station.
2.

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

Prosecution has alleged that informant was working with Acme
Refrigeration Company as service Coordinator. In the said Company
accused was also working. Accused and informant were working in the
same team and they got acquainted with each other and started chatting
on Whatsapp. In October/November 2019, accused told informant the he
loves her and he wants to marry her but she refused for the same.
Thereafter again accused asked her about love relationship and also
promised her that he will marry her and he will also convince his parents
therefore, informant accepted his proposal. It is alleged that thereafter,
informant and accused used to meet frequently with each other. It is
further alleged that in February 2020, informant and accused went out for
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Criminal Bail Application No.652/2022
outing that time accused told her that he loves a lot and also promised
informant that he will marry her and he put his hand in the inner clothes
of informant and touched vagina of informant. It is further alleged that
thereafter again 5-6 times accused took informant to Santacruz Chowpati
and did similar relations with informant. It is alleged that on 20.02.2022
when informant and accused went at Gateway of India for outing and that
time accused told her that his parents are not giving permission for their
marriage and refused to marry her. Informant tried to give him
understanding but he did not listen to her. Therefore, FIR came to be
lodged with police.
4.

Applicant-accused has contended that their relation was by consent
and the first incident has taken place in the year 2020 and FIR is lodged in
the year 2022. Applicant-accused has further contended that he never
assured informant for marriage and on such pretext he had not done
sexual relations with her. Applicant-accused has further contended that
informant is major by age and he has not cheated her and prayed to be
released on bail.
5.

Prosecution has filed reply that statement of informant under
section 164 Cr.P.C. is recorded. Prosecution has further stated that if
accused is released on bail, then he may put pressure on witness and yet
statement of witnesses are to be recorded and objected the bail
application.

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6.

Criminal Bail Application No.652/2022
It appears, as per the allegations of prosecution informant and
accused were working in the same office and accused gave promise of
marriage to informant and then involved in sexual relations with her by
touching her vagina many times. It is alleged that thereafter accused
refused to marry informant and did not listen to understanding given by
informant. It appears, from such allegations that accused deceived
informant by giving her promise of marriage to touch her vagina may
times. Prosecution has stated that yet they have not completed the
investigation. They have stated that statements of witnesses are to be
recorded. They have stated that if accused is released on bail, then he may
threaten or lure witnesses. Considering such circumstances that yet
investigation is not over and the alleged offence is serious, it appears, it
will not be proper to release accused on bail. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.652 of 2022 is rejected.

2.

Criminal Bail Application No.652 of 2022 stands disposed of
accordingly.

Dt. 04.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 04.04.2022
: 04.04.2022
: 04.04.2022
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Criminal Bail Application No.652/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
08/04/2022 at 05.26 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 04/04/2022
Judgment/Order signed by P.O.on
04/04/2022
Judgment/Order uploaded on
08/04/2022
(Court