Cri.Bail Application No.358/2024
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MHCC020025152024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.358 OF 2024
(CNR NO.MHCC02-002515-2024)
IN
C.R.NO.32 OF 2024
Shri Jishan Farook Beg
Aged about 32 Years, Occupation: Business,
Residing at Shop No.7, Group No.3,
Chawl No.310, Near Hanuman Mandir,
Tagore Nagar, Vikhroli (E),
Mumbai 400 083.
..Applicant/Accused
Versus
The State
Sr. Inspector of Police
Vikhroli Police Station
..Respondent
Appearances :Ld. Advocate Mr. Deepak Kumar J. Giri, for the Applicant/
Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale with Mrs. Rajlaxmi
Bhandari, for the State/Respondent.
Ld. Advocate Ms. Shilpa Naik, for the Intervener.
CORAM : H.H.DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41).
DATED : 16TH FEBRUARY, 2024.
ORDER
01.
The application is filed by the accused under Section 439
of Code of Criminal Procedure in connection with C.R. No.32/2024
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registered with Vikhroli Police Station for the offence punishable
under Sections 376(2)(n) and 417 of Indian Penal Code, 1860.
02.
Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P. Ld.
Advocate for the Intervener has filed intervention application at
Exh.4 and complainant has filed affidavit at Exh.5
03.
Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the complainant and accused knew each
other since 2021 and were in a consensual relationship. The
complainant is 30 years old, she has 3 children. She had knowledge
in June 2023 that the accused got married to another woman. FIR is
lodged on 29/01/2024. He further submitted that there are no
criminal antecedents attributed to the accused. The accused is
permanent resident of Mumbai since 2017. The address on the
Aadhar Card is of Uttar Pradesh. He is ready to abide by all terms
and conditions imposed by the Court. He has prayed for grant of
bail to the accused.
04.
Ld. Addl.P.P. submitted that the investigation is at a
preliminary stage. The complainant and accused reside in the same
locality and there is possibility that the accused will threaten the
complainant and the witnesses. Statement of the witnesses have to be
recorded. Complainant has filed her affidavit at Exh.5 that she has
no objection to grant bail to the accused.
05.
Perused record. FIR shows that the complainant has
three children. Her husband expired on 14/03/2021. In March 2021,
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she met the accused who was a vegetable vendor. She was went to
fish shop many times and they became friends. After one month, the
accused told the complainant that he would marry her and take care
of her children. In June 2021, they established sexual relations for
the first time in her house allegedly without the consent of the
complainant. From June 2021 to October 2022, the complainant
and accused had a sexual relations at her house many times allegedly
without her consent. In November 2022, the sister in law of the
accused called the complainant and told her that the accused has got
married. In December 2022, the accused again came to the house of
the complainant and established sexual relations with her. In June
2023, the complainant came to know that the accused has really got
married to some other person. FIR was lodged on 29/01/2024.
06.
The complainant and the accused were in relationship
from June 2021. They have sexual relations in the house of
complainant herself. The complainant came to know about the
marriage of the accused in June 2023.
She has lodged FIR on
29/01/2024 i.e. after 7 months of the knowledge. The complainant
has filed affidavit at Exh. 5 that she has ‘no objection’ to grant bail
to the accused. Plain reading of the FIR, sexual relations even after
knowledge that the accused was married; prima-facie indicate that
the sexual relationship was consensual.
07.
Taking into consideration that the sexual relationship
between the complainant and accused was prima-facie consensual, it
is held that continued incarceration of the accused is not required.
The accused was arrested on 29/01/2024 and since then he is
languishing in jail. To facilitate the investigation, the accused can be
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directed to attend the police station. Similarly, to protect the
complainant, avoid future dispute and repetition of offence, 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 orderORDER
1.
The Criminal Bail Application is allowed.
2.
The accused Jishan Farook Beg be released on bail in Crime
No.32 of 2024 registered with Vikhroli Police Station for the
offence punishable under Sections 376(2)(n) and 417 of Indian
Penal Code, 1860 on executing P.R. Bond of Rs.25,000/- with
one or two surety/sureties in like amount, on the following
conditions :a) He shall not tamper with prosecution witnesses and
evidence.
b) He shall attend Vikhroli Police Station on every alternate
Thursday from 10:00 a.m. to 11:00 a.m. till filing of the
charge-sheet.
c) He shall not commit any offence in future.
d) He shall not contact the complainant or her family
member directly or indirectly by any means.
e) He shall not leave India without permission of the Court.
f) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.
g) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.
3.
Bail Before the Ld. Metropolitan Magistrate.
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4.
Breach of any condition would entail cancellation of bail.
Date:16/02/2024
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
16/02/2024
03.45 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
16/02/2024
ORDER signed by P.O. on
16/02/2024
ORDER uploaded on
16/02/2024