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Criminal Bail Application No.972/2022
CNR NO. MHCC02-005532-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 972 OF 2022
IN
C.R. NO. 297 OF 2022
Mahendera Singh Seva Singh Rathhod
Age 28 Years, Occupation :–Residing at Avtarsingh Chawl,
Room No.2, C.S.T. Road, Kalina,
Santacruz (E), Mumbai – 400 098
…Applicant
Versus
State (At the instance of Vakola Police
Station
Within the Jurisdiction of 71st
Metropolitan Magistrate Court Bandra,
Mumbai.
…Respondent
Appearances:
Advocate S.A. Vasid 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 : 30th APRIL, 2022.

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Criminal Bail Application No.972/2022
: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.297/2022 for the
offence punishable under Sections 354, 354(d), 509 and 506 of the
Indian Penal Code, 1860 (hereinafter referred to as “IPC”) registered
with Vakola Police Station.
2.

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

Prosecution has alleged that informant is widow. Informant was
knowing accused since 10 years. It is further alleged that after death of
informant’s husband, accused always tried to come close to informant.
It is further alleged that on the day of incident accused came close to
informant when she was putting clothes outside the house for drying.
He was started talking with her in obscene language saying that she has
to sleep with him. It is further alleged that informant called her motherin-law and accused assaulted informant on her breast and torn her dress
and opened chain of his pant and he did obscene act and gesture
looking at informant and gave her threats. Therefore, FIR came to be
lodged with police.
4.

Applicant-accused has contended that informant and he are
knowing with each other. Applicant-accused has further contended that
he is falsely implicated in this case. Applicant-accused has further
contended that the alleged incident is of 07.04.2022 but FIR is lodged
after delay after 15 days and prayed to be released on bail.

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5.

Criminal Bail Application No.972/2022
Prosecution has filed reply and stated that if accused is released
on bail then he will commit repeat offence again and he will not remain
present for trial and objected the bail application.
6.

It appears, as per the allegations of prosecution accused talked
with informant in obscene language and beat her on her breast and torn
her dress. There are no criminal antecedents of accused brought on
record. Accused has contended that these are false allegations against
him. Considering the allegations it appears, no purpose is going to be
served by keeping accused behind the bar. But considering the fact that
accused has made obscene gesture and torn dress of informant
directions can be given to accused not to contact and enter into the area
where informant resides. Hence, it will be proper to release accused on
bail on some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.972 of 2022 is allowed.

2.

Accused viz. Mahendra Singh Seva Singh Rathhod be released
on bail on his furnishing PB and SB of Rs.15,000/- (Rupees
Fifteen Thousand only), with one or more surety/sureties in the
like amount, in C.R.No.297/2022 for the offence punishable
under Sections 354, 354(d), 509 and 506 of IPC registered with
Vakola Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall co-operate with the investigation of Police.
(iv) Accused is directed not to enter into the area where
informant resides till disposal of the case.

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Criminal Bail Application No.972/2022
(v) Accused shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the court
or any police officer.
(vi) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue
with the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
3.

Criminal Bail Application No.972 of 2022 stands disposed of
accordingly.

Dt. 30.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 30.04.2022
: 30.04.2022
: 30.04.2022
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Criminal Bail Application No.972/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
09/05/2022 at 04.01 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 30/04/2022
Judgment/Order signed by P.O.on
30/04/2022
Judgment/Order uploaded on
09/05/2022
(Court