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BA No.311/2024
MHCC020022312024
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.311 OF 2024
Mahesh Ashok Rafukya
Aged 27 years, Occu. : Service,
R/at. Nearby Don Bosco School,
Vikhroli, Mumbai.

..Applicant
V/s.
State of Maharashtra
(At the instance of Vakola
Police Station, Mumbai in
C.R. No.49/2024).

..Respondent
Appearance :­
Advocate Mr. Abhishek Mishra for the applicant.
APP Mrs. Rashmi Tendulkar for the respondent/State.
Advocate Mr. Devendra Singh for the complainant.
CORAM : HHJ SHRI N.G. SHUKLA,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 29.
DATED : 08/02/2024
ORDER
(Dictated and pronounced in open Court)
1.

Applicant/accused who is arrested in Crime No.49/2024 for
the offence punishable under Sections 376, 376(2)(N) and 417 of Indian
Penal Code has filed this application for bail under Section 439 of The Code
of Criminal Procedure. Prosecution filed say at Exh.2 and opposed the
application.

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2.

BA No.311/2024
I have heard learned Advocate Shri. Ashish N. Phalke for
applicant, Learned APP Mrs. Rashmi Tendulkar for prosecution and learned
Advocate Devendra Singh for complainant.

3.

As per allegations in FIR, complainant is married women aged
27 years having two kids aged 8 years and 4 years respectively. Prior to
two years, she was acquainted with applicant/accused on social media and
their friendship converted into love affair. Applicant/accused promised to
marry with her and pretext of said promise, he repeatedly committed rape
on her. After getting divorce by consent from the husband, when applicant
tried to contact accused, he did not make contact with her and the
complainant realize that accused made false promise and committed rape
on her. Hence, she lodged report and FIR came to be registered.

4
Learned advocate for applicant/accused submitted that the
complainant is 27 years old lady and this is a case of consensual
relationship. Hence, offence under Sec.376 of IPC would not attract against
applicant. Complainant had filed FIR due to misunderstanding and now
applicant and complainant would perform marriage. Complainant has
given no objection to grant bail to applicant/accused.

5.

Learned APP opposed bail application by arguing that
investigation is in progress and charge­sheet is not yet filed. If released on
bail, applicant may tamper the evidence. Hence, learned APP prayed to
reject the application.

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6.

BA No.311/2024
Learned advocate for complainant submitted that, complainant
has no objection to grant bail to accused as they would perform marriage
after accused released on bail.
7.

I have considered submissions and perused the FIR and say
and affidavit filed by complainant. On personal verification of complainant,
she admitted that FIR is filed due to misunderstanding as where ever she
tried to contact the applicant/accused, he was not found and she is going to
perform marriage with him.
8.

It appears from allegations in the FIR that, complainant was
married and she maintained relations with accused prior to her divorce. It
shows that she was aware that unless she obtain divorce from husband, she
could not marry with the applicant/accused. In view of this circumstance,
it appears consensual relationship and applicability of Sec.376 is doubtful.
Complainant has given no objection to grant bail as she and applicant
would perform marriage. She has obtained divorce from husband as per
contents of FIR. In view of this circumstances, applicant is entitled for bail.
Accordingly, I pass following order :­
ORDER
1. Bail Application No.311 of 2024 in CR No.49/2024 is allowed.
2. Applicant Mahesh Ashok Rafukya be released on bail by executing P.R.
bond of Rs.15,000/­ and one surety of like amount.
3. Applicant shall not tamper with the evidence of the prosecution.

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BA No.311/2024
4. Applicant shall attend concerned police station as and when called and
cooperate in investigation.
5. Applicant is permitted to furnish provisionally cash security of
Rs.15,000/­ in lieu of surety for eight weeks.
6. Bail before Concerned Court.
7. Bail Application No.311 of 2024 in CR No.49/2024 stands disposed off
accordingly.

Date : 08/02/2024
(N.G. Shukla)
Additional Sessions Judge,
City Civil and Sessions Court,
Greater Bombay
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BA No.311/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer
Upload date and time
Name of the Judge
: Mrs. Shravanti Karre
: 08th February, 2024 (At 04.30 pm.)

H.H.THE ADDL. SESSIONS JUDGE
SHRI N. G. SHUKLA (C.R.No.29)
Date of Pronouncement of Order 08th February, 2024
Order signed by P.O. on
08th February, 2024
Order uploaded on
08th February, 2024