BA No.1851-2022
1
MHCC020100802022
IN THE COURT OF SESSIONS FOR GR. MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1851 OF 2022
Kalim Siddhiqui @ Kalim Beharim Shaikh,
Age: 29 Years, Occ: Tailor,
Residing
at
Kisunpur,
Vishunpur-6,
Simrongadh Municipal Corporation, Ward
No.3, District Bara, Nepal.

]
]
]
]
]…Applicant
V/s.
The State of Maharashtra
(At the instance of DCB CID Unit-V, Kurla,
Mumbai (Crime No.47 of 2022).

]
]
]…Respondent.

Advocate Ganesh Gole i/by. Advocate Bhavin Jain for applicant.
Addl. PP Bhandari for the Respondent /State.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE,
MRS. MADHURI M. DESHPANDE,
(Court Room No. 41).
DATED : 20th SEPTEMBER, 2022.
ORAL ORDER
1.

This is an application filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, praying for releasing him on bail
in connection with C. R. No.47 of 2022 registered with DCB CID, Unit-V,
Kurla, Mumbai arising out of C.R. No.0295 of 2022 registered with
Dharavi Police Station, Mumbai, for the offence punishable under
Sections 344, 366, 376, 376(2)(k), 376(2)(n), 354, 354(A)(B)(D),
506(2), 323, 109, 201 r/w.34 of the Indian Penal Code, 1860 and
section 66(E) of the Information Technology Act, 2000.

2
2.

BA No.1851-2022
The prosecution story in short is that, the complainant lodged
report to Dharavi Police Station, Mumbai inter-alia contending that
accused Kalim Shaikh got acquainted with her through phone call and
WhatsApp call. The accused Kalim Shaikh during video call, WhatsApp
call has recorded video recording and threatened her to viral it. The
accused Kalim Shaikh with the help of the accused persons kidnapped
her and confined her at Bihar and then at Nepal and committed forcible
sexual intercourse with her repeatedly against her will without her
consent. The accused has taken videograph of the complainant. When
complainant came to Mumbai, the accused Kalim Shaikh has uploaded
those photographs and video on his Instagram Account by editing it. He
has also tagged relatives in her account and uploaded it. The accused
has also threatened her to send her nude photographs to her husband.
On these allegations, the complainant lodged report and offence
punishable under Sections 344, 366, 376, 376(2)(k), 376(2)(n), 354,
354(A)(B)(D), 506(2), 323, 109, 201 r/w.34 of the Indian Penal Code,
1860 and section 66(E) of the Information Technology Act, 2000, came
to be registered against the accused vide Crime No.47 of 2022.
3.

The contention of applicant is that, he has been falsely implicated
in the case. There is no prima facie case against the present applicant.
The applicant has not committed the offence as in the FIR.

The
prosecution has failed to bring any material on record to show the
applicant’s involvement in the crime. The present FIR is the outcome of
the extra marital relationship between the complainant and the present
applicant. The complainant and applicant are well acquainted with each
other and they were regularly having telephonic as well as video calls.
The complainant is trying to rope each and every family member of the
present applicant with an intention to harass them. There is a delay of
one month in lodging of FIR. Investigating agency failed to bring any
BA No.1851-2022
3
cogent material to prove the motive behind the alleged crime. Lastly, he
prayed to release him on bail.
4.

The prosecution has opposed this application by filling say vide
Exh.2 on the grounds that accused alongwith other accused got
acquainted with the complainant through WhatsApp call and the
accused in furtherance of their common intention kidnapped her,
confined her and took her nude photographs and videographed and
uploaded it on social media. The accused is residents of Nepal and if he
is released on bail, he will pressurize prosecution witness and
complainant and hence, prayed to reject the application.
5.

Heard Learned Advocate for the applicant and Learned Addl. P.P
for the State/Respondent. Gone through the record.
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
FINDINGS
1. Whether the applicant is entitled for
bail ?
2. What order ?

No.

As per final order.
REASONS
Point No. 1 :7.
On perusal of contents of FIR, it appears that accused persons in
furtherance of their common intention have developed acquaintance
with the complainant and made her to call them and have taken her
BA No.1851-2022
4
nude photographs and videograph and threatened her to upload it. On
24.01.2022 when she was visiting towards Mumbai, the accused Kalim
Shaikh got her down at Jabalpur by threatening her and then confined
her and threatened her that “HkkbZtku dks nqcbZ ls vkus nks eS tSlk dg jgk gq oSlk
djrs tkvks ojuk rqqEgs vkSj rqEgkjh cPph dks tku ls ekj Mkyqxk”. The accused has
uploaded videograph and photographs on social media.

The prima
facie involvement of the accused appears in the offence in question.
Investigation is in progress. Charge-sheet is yet to be filed. Accused is
resident of Nepal. The apprehension of the prosecution is well founded
from the acts of the accused. Hence, Point No. 1 is answered in the
negative.
8.

Considering these facts and considering the nature and gravity of
offence and role played by the applicant/accused, it is not a fit case to
exhaust the judicial discretion of grant of bail. Therefore, it is expedient
to pass the following order :ORDER
1.

Criminal Bail Application No.1851 of 2022 is hereby rejected.

2.

Criminal Bail Application No.1851 of 2022 stands disposed of
accordingly.
Digitally signed by
MADHURI
MILIND
DESHPANDE
Date : 20/09/2022
Date of Dictation
Date of Transcription
Date of Signed
MADHURI MILIND
DESHPANDE
Date: 2022.09.21
11:59:47 +0530
(Mrs. Madhuri M. Deshpande)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai.

: 20/09/2022
: 20/09/2022
: 20/09/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
BA No.1851-2022
5
Upload Date
21/09/2022
Upload Time
11.55 am
Name of Stenographer
ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court HHJ Smt. Madhuri M. Deshpande
Room No.)
(CR 41)
Date
of
Pronouncement
JUDGEMENT /ORDER
of 20/09/2022
JUDGEMENT /ORDER signed by 20/09/2022
P.O. on
JUDGEMENT /ORDER uploaded 21/09/2022
on