Cri.Bail Application No.378/2024
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MHCC020026052024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.378 OF 2024
IN
C.R.NO.50 OF 2024
Lakhan @ Lucky Babu Jadhav
Aged 27 Years, Occupation: Service,
Residing at Flat No.202, Noble Co-op.
Hsg. Society, C.T.S. 456-457, Halav
Pool, Kurla (West), Mumbai 400 070.
Vs.
The State of Maharashtra
At the instance of Kurla Police Station
at C.R.No.50 of 2024.

..Applicant
..Respondent
Appearances :Ld. Advocate Mr. Sudhir Khatu , for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale with Mrs.Rajlaxmi
Bhandari, for the State/Respondent.
Ld. Advocate Mr.Tejas Shinde, for the Intervener.
CORAM : H.H. DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 23RD FEBRUARY, 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.50/2024 registered with Kurla Police Station for the offence
punishable under Sections 376, 324, 504, 506 and 427 of the 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. Ld.
Intervener has filed affidavit at Exh.4.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that false and concocted FIR is registered
against the accused. The complainant and the accused were friends
since the year 2018. Their friendship had turned into love. They were
roaming around. It is alleged by the complainant that the accused
had proposed to her. There is no recovery to be made from the
accused. Continued incarceration is not required. 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. She further submitted that the investigation is at a
preliminary stage. She further submitted that statement of the
complainant under section 164 of the Code of Criminal Procedure,
1973 is not yet recorded. She further submitted that on 09/02/2024
NC 147/2024 was registered against the friends of the accused for
abusing the complainant to take back the present complaint. She
further submitted that there are pending offences against the
accused. If the accused is granted bail, there is possibility of the
accused absconding or remaining absent for trial and tampering with
evidence. She has prayed for rejection of the application.

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05.

Complainant has filed her affidavit at Exh.4 giving no
objection to grant bail to the accused.
06.

Perused record.

FIR shows that the complainant and
accused met in the year 2018. They were talking for 2-3 months.
Their friendship turned into love and the accused proposed to the
complainant. They were meeting at different places due to their love
relationship. In the year 2019, the complainant came to know that
the accused is married and has two children. The complainant and
accused had a fight. On 01/02/2024 the complainant had gone with
her friends and one video was prepared. On 02/02/2024 at about 5:30
p.m. the accused came to the house of the complainant, asked her
whether she was still drinking and saw the video.

The accused
abused her in obscene language. Accused took the complainant and
her friend Bella in car to show the house of the boys with whom they
were on 01/02/2024. The accused took the car to the underground
parking of Dhanraj Mall, abused her in filthy language. The accused
took the multi-charger wire and assaulted the complainant on her
hand. The accused assaulted the complainant by belt on her back,
feet and head. The steel buckle and design caused bleeding. Then the
accused forced the complainant to perform oral sex on him. From
03/02/2024 to 04/02/2024 till morning the accused was fighting with
the complainant as to why did she go out with her friends. On
04/02/2024 at 5:38 a.m. the accused called the complainant and told
her to come out of the house, took her to Kurla Depot, Nehru
Nagar and again forced her to perform oral sex with him. FIR was
lodged on 06/02/2024.

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07.

Plain reading of the FIR shows that the complainant and
the accused knew each other since the year 2018. Their friendship
had turned into love affair. The accused had proposed to her. They
were roaming around together. Though in the year 2019 the
complainant came to know about the marriage of the accused, she
continued to be in touch with him. The incident of 02/02/2024 is of
abuse in obscene language, assault by multi-charger wire and belt
and forcing the complainant to perform oral sex with him. Further,
the complainant has filed at Exh. 4 that she has no objection to grant
bail to the accused. Taking into consideration ‘no objection’ of the
complainant at Exh. 4; it is held that continued incarceration of the
accused is not required.
08.

There are pending offences against the accused. It is
settled legal position that only for pending offences, bail cannot be
denied. At the same time, it is required to be seen that on 04/02/2024
NC 147/2024 for offence punishable under sections 504, 506 of the
Indian Penal Code, 1860 are registered against the friends of the
accused for threatening the complainant to withdraw present
complaint. The complainant was present in the Court and it was
verified whether affidavit at Exh. 4 giving ‘no objection’ to grant of
bail is filed under any duress or threat. The complainant did not
state that there was any threat or coercion or pressure in filing the
affidavit. She stated that said affidavit was filed voluntarily and
freely. Even then, to protect the complainant, certain terms and
conditions have to be imposed on the accused. To facilitate
investigation, repetition of offence, ensure presence of the accused
for trial, certain terms and condition have to be imposed on the
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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 Lakhan @ Lucky Babu Jadhav be released on bail
in Crime No.50 of 2024 registered with Kurla Police Station for
the offence punishable under Sections 376, 324, 504, 506 and
427 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 Kurla Police Station on every Friday from
10:00 a.m. to 11:00 a.m. and as and when called by the
Investigating Officer on written notice till filing of the
charge-sheet.

c) He shall not commit any offence in future.
d) He shall not contact the complainant, witness and their
family members directly or indirectly by any means till
conclusion of the trial.

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: 23/02/2024
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
23/02/2024
12:58 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
23/02/2024
ORDER signed by P.O. on
23/02/2024
ORDER uploaded on
23/02/2024