Karan Sutpal Gangaboir Vs State of Maharashtra Bail Application Bombay Sessions Court No 363 of 2024

Cri.Bail Application No.363/2024
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MHCC020026402024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.363 OF 2024
IN
C.R.NO.242 OF 2023
Karan Sutpal Gangaboir
Aged 29 Years,
Residing at Bhajrangbali Chawl,
D Ward, Shahu Nagar, Mahim (E),
Mumbai.
(Presently lodged in Mumbai
Central Prison)
..Applicant/Accused No.1
Vs.
State of Maharashtra
Through Dharavi Police Station,
C.R.No.242 of 2023.

..Respondent
Appearances :Ld. Advocate Ms. Vaidehi Pusalkar, (LADC) h/f Ld. Advocate Mr.
Samyak Gimekar for the Applicant/ Accused No.1.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/
Respondent.
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 Code of Criminal Procedure in connection with C.R. No.242/2023
registered with Dharavi Police Station for the offence punishable
under Sections 365, 366 r/w 34 of Indian Penal Code, 1860.

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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.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the complainant was in need of
Rs.5,000/- to go to her native place. The complainant knew the
accused and his wife i.e. co-accused from three months. It is alleged
that on 12/3/2023 the accused i.e. husband of the co-accused called
the complainant at 4:00 p.m. He met the complainant alongwith the
co-accused and they told her that if she plays the role of a wife, she
will get huge amount of money. It is alleged that the accused took
her to Madhya Pradesh and got her married with some person name
Mukesh. The complainant came to know after few days that the
marriage was not fake but real. Then the complainant contacted her
friend Sameer and also told to Mukesh to let her go. Mukesh called
the accused. On 28/3/2023 at about 3:00 p.m. accused Karan went to
bus stand Mandsur M.P. and was caught by the police. She
submitted that the accused was present with the co-accused during
meetings with the complainant. She further submitted that plain
reading of FIR shows that the complainant was not forced to marry
even by the accused. She further submitted that there are no criminal
antecedents against the accused. The accused is permanent resident
of Mumbai. The accused is arrested on 15/1/2024. She further
submitted that the co-accused i.e. wife of the accused is granted bail
by this Court by order passed in Criminal Bail Application
No.168/2024 on 30/01/2024. She further submitted that on
13/03/2024 charge-sheet is filed in the Court of 12 th Metropolitan
Magistrate, Bandra. She submitted that the accused is ready to abide
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all the terms and conditions imposed by the Court. She has prayed
for grant of bail.
04.

Per contra, Ld. APP submitted that if the accused is
granted bail, there is possibility of repetition of such offences with
other people. She further submitted that the accused is released on
bail, he might pressurize the complainant and witnesses. Lastly she
submitted that the accused might not remain present for trial. She
submitted that investigation is complete. Charge-sheet is filed. She
has prayed for rejection of bail.
05.

Perused record. The complainant knew the co-accused
and her husband i.e. the present accused from three months. FIR
mentions that on 8/3/2023 the complainant had gone to the house of
the accused and co-accused as she required the amount of Rs.5,000/to go to her native place. On 12/3/2023 at about 4:00 p.m. accused
called her and told her that there is some work for her and called her
at 7:30 p.m. at Mahim Station. At the station, the accused and coaccused told the complainant that there is role of wife which the
complainant has to play for five days and she would get lots of
money. At 9:00 p.m. the accused and the complainant went to
Mumbai Central and from there to Madhya Pradesh. It is alleged
that the accused told the complainant to tell her name as Kritika and
that the accused was her real brother. They met one person by name
Mukesh at Bus Stand Mansure, M.P. The complainant has
categorically mentioned in her FIR that- eh yXuklkBh eqds’kyk ilar dsys
rlsp eqds’k ;kausns[khy eyk ilar dsys-
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06.

It is categorically mentioned in the FIR that Mukesh
asked the complainant, whether she wanted to marry him and
whether there was any pressure on her. She told Mukesh that she is
marrying him on her own accord and there is no pressure.
Thereafter, they went to a Temple and got married. She was residing
with Mukesh in his house and doing household works. Five days
after the marriage, she told Mukesh that she wanted to go home but
he refused. That time, she realized after talking with Mukesh that
the marriage was real and not fake.
07.

It is pertinent to note that complainant is 21 years old at
the time of incident. She herself has mentioned in the FIR that when
Mukesh asked if there was any pressure on her, she said that there
was no pressure on her and that she is willing to get married to him.
It clearly shows that there was no pressure on the complainant to get
married. No force or compulsion was used on her for the marriage.
As a 21 years old the complainant definitely had knowledge, whether
the marriage performed with Mukesh was some role play or real.
When there is no cameras around, it is difficult to believe that the
complainant was under impression that said marriage was role play
and not real. Further the role attributed to the accused is that the
complainant went with him from Mahim Station to M.P. and the
accused took some amount from Mukesh and performed their
marriage. At this stage, the investigation is complete and chargesheet is filed. The co-accused i.e. wife of the accused is granted bail
on 30/01/2024 by order passed in Criminal Bail Application
No.168/2024. Accordingly, continued incarceration of the accused
would not serve any purpose.

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08.

Further, there are no criminal antecedents of the
accused. The accused is permanent resident of Mumbai. Similarly, to
protect the complainant, ensure presence of the accused for trial,
certain terms and condition can be imposed on the accused. For the
aforesaid reasoning in supra paras it is found fit to grant bail to the
accused by imposing certain terms and conditions. Hence, the orderORDER
01. The Criminal Bail Application is allowed.
02. The accused Karan Sutpal Gangaboir be released on bail in
Crime No.242 of 2023 registered with Dharavi Police Station
for the offence punishable under Sections 365, 366 r/w 34 of
Indian Penal Code, 1860 on executing P.R. Bond of Rs.25,000/with one or more surety/sureties in like amount, on the
following conditions :a) He shall not pressurize or threaten the complainant and
prosecution witnesses.

b) He shall not commit any offence in future.
c) He shall not leave India without permission of the Court.
d) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

03.

Bail Before the Metropolitan Magistrate’ Court.

04.

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
01:58 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