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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 751 OF 2022
(CNR No. MHCC020043192022)
Mayur Sunil Bharti
)
… Applicant / Accused
Versus
The State of Maharashtra
)
(Through Marine Drive Police Station))
… Respondent
Ld. Adv. Sheela Gupta for Applicant/Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 29.04.2022.
ORDER
This is application for Anticipatory bail u/s. 439 of Cr.P.C.
in C.R. No. 39 of 2022 registered with Marine Drive Police Station for
the offences punishable u/s. 354, 509 of I.P.C. and u/s. 66D of
Information Technology Act.
2.
As per FIR the Complainant got married with Accused in
the year 2017. It is alleged that before marriage she disclosed about her
love affair to her husband. The complainant being in service in Police
Department resumed her duty at Mumbai. The Accused continued his
stay at Pune. It is alleged that since they were residing at distance on
request of her husband she forwarded her nude photographs to her
husband. It is further alleged that during her visit to Pune she also tried
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to delete the said photographs. However, the Accused not allowed to
delete the photographs. Thereafter, the Accused started picking up
quarrel and taking suspicion. He used to insist to send the screenshot of
incoming and outgoing call. Therefore, the Complainant brought her
daughter to Mumbai and discontinued the contact with Accused. It is
submitted that on 11.03.2022 she came to know from her cousin that
Accused created one whats app group by name ‘secret’, added the
family members of Complainant and shared the screenshot in respect of
her chat with her friend Pravin Kunjir and half nude photographs. The
cousin of Complainant also shared the said photographs. At that time,
the Complainant came to know that they are the same photographs
which she shared with the Accused. Thereafter, the same facts were
disclosed to her by her friends. Therefore, the present Complaint is
filed.
3.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. It is submitted that the first
informant is the wife of the Accused. The investigation is almost
completed. Therefore, further incarceration is not required.
4.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the investigation is
in progress. Therefore, if the Accused is granted bail, then there will be
every possibility that Accused will tamper with the prosecution
evidence. So also, there is every possibility that he will threaten the
victim and prosecution witnesses. Therefore, the prosecution strongly
objected for release of Accused on bail.
5.
After going through the Prosecution case and argument
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advanced it appears that the present Complaint is filed for sharing the
private photographs of Complainant and her chat with her friend to the
family members and friends of the Complainant. There is no averment
as regards to the use of criminal force or assault with intent to outrage
the modesty for registration of offence punishable u/s. 354 of I.P.C.
Moreover, for grievance of defamation the private complaint is to be
filed. During course of investigation, the mobile phone of Accused is
already seized. The Accused is in judicial custody from 17.03.2022.
From the Reply filed on record the FSL Report is awaited and
Chargesheet is to be filed. Therefore, question of tampering with the
prosecution evidence not arises. Looking into the nature of offence, the
prayer made by the Accused for release on bail is hereby allowed
subject to following conditions. Hence, I proceed to pass following
Order :
ORDER
1.
The Bail Application No. 751 of 2022 is hereby
allowed.
2.
The Applicant / Accused Mayur Sunil Bharti be
released on bail, in C.R. No. 39 of 2022 registered by Marine
Drive Police Station on furnishing P.R. Bond of Rs. 15,000/
(Rupees Fifteen Thousand only) with one or more solvent
sureties in the like amount.
3.
The Applicant is further directed to visit Marine
Drive Police Station once in a week, i.e. every Thursday
between 4.00 to 6.00 p.m. and to maintain the diary in
respect of the visit till conclusion of trial.
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The Applicant shall not leave Maharashtra State
without prior permission of the Court.
5.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and Election
Card, if any.
6.
The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.
The Applicant is further directed not to tamper with
the prosecution evidence or witnesses.
8.
The Applicant 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 him from
disclosing such facts to the Court or to the Police Officer.
9.
The Applicant shall regularly attend the case on each
and every date.
10.
The Applicant is further directed not to visit the
place where Prosecution witnesses are residing or to contact
them.
11.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for cancellation
of bail.
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The Provisional cash bail is allowed for Eight Weeks.
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 29.04.2022.
Dictation Typed on
Checked & Signed on
:
:
29.04.2022.
30.04.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30.04.2022 at 6.00 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO.39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 29.04.2022
JUDGMENT/ORDER signed by P.O. 30.04.2022
on
JUDGMENT/ORDER uploaded on
30.04.2022