BA 108922
: 1 :
IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1089 OF 2022
(CNR NO. MHCC020061262022)
Mr. Mitulkumar Dahyabhai Patel
)… Applicant/Accused No.5
Versus
The State of Maharashtra
(Through DCBCID Police Station)
)
) … Respondent
Ld. Adv. Jainesh Mishra for Applicant / Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 20.06.2022
ORDER
This is an application for bail under Section 439 of Code of
Criminal Procedure in Crime No. 66 of 2021 registered with DCBCID
Police Station for the offence punishable under Sections 292, 293, 420,
376 read with section 34 of the Indian Penal Code and under Sections
67 and 67A of the Information Technology Act read with Sections 3, 4,
6 and 7 of the Indent Representation of Women (Prohibition) Act, 1986.
2.
As per prosecution FIR, the victim is an actor and since
2016 she is working in Hindi and Marathi serials. She had come in
contact with one Mr. Ajit who offers roles to the actors in TV serials.
She expressed her desire to Mr. Ajit to work in Web Series for which she
shared her photos and profile with him on his cell phone. On
BA 108922
: 2 :
10.01.2021 at 11.45 am, Mr. Ajit called and informed her that
Mr. Naresh and Mr. Mitul / Accused are known to him and are into the
job of casting and can get her a role in Web Series and informed her
that her mobile number is shared with them. At that time, Mr. Ajit
added Mr. Naresh on a conference call, on which victim and Mr. Naresh
had a discussion. Thereafter, Mr. Naresh gave a call to the victim and
told her that, they are shooting a web series at Madh Island, in which
the victim has to play the role of Queen. For the said role, she will be
paid Rs. 10,000/ as professional fees. Thereafter, Mr. Naresh had
informed her to come near Malad Railway Station. He picked her and
took her at Green Park Bungalow, Old Ferry Road, Madh Jetty, Madh,
Malad West, Mumbai. The victim was informed by Mr. Naresh that,
Smt. Gehana Vasisht is the producer / director of the web series. On
reaching at the said bungalow, her make up was done by the make up
artist Mr. Umesh as per the requirement of the web series. At that time,
Smt. Gehana Vasisht gave costumes to the victim which the victim wore
and came to do the video shoot in garden of the bungalow.
Smt. Gehana Vasisht had explained the story of web series wherein the
victim has to play the role of Queen and Mr. Akash will play the role of
King. She was informed that, she will be playing her role in complete
cloths. Accordingly, the shooting of web series started in a bungalow.
Thereafter, Smt. Gehana Vasisht took the victim inside the hall of the
bungalow where, she was told to wear the Jewellery. At that time,
three dwarf / tiny men came there and told the victim that, they were
waiting for her to get 18 years old, so that they could make sexual
relation with her and started taking her inside a room. That time, she
refused for the same but, Smt. Gehana Vasisht threatened her and took
her inside the room, where three dwarf / tiny men removed her cloths
and established sexual relation with her. After having sexual relations,
BA 108922
: 3 :
the said 3 dwarf / tiny men went out of the room. All the incidents were
recorded in a video. Thereafter, Smt. Gehana Vasisht asked the victim
to change her cloths, for which she went inside a room to change cloths
and informed to her not to do any such act in future and requested her
to let her go from there to which she told that, she has spend
Rs. 10,00,000/ for the shooting and demanded the said amount to the
victim. The victim told her that, she does not have this much money.
Thereafter, Smt. Gehana Vasisht once again told the victim to wear her
cloths and took her inside the room. At that time, she made the victim
to have sexual intercourse with Mr. Aakash who was playing the role of
King in the web series. This incident was also recorded by doing a video
shoot. Thereafter, the victim requested Smt. Gehana Vasisht to let her
go from there. That time, she threatened the victim and told her that,
she should not disclose about the incident with anyone or police.
Thereafter, the victim asked her money from Mr. Naresh, that time he
informed the victim that, money cannot be transferred to her account
and transferred the amount via Phonepe from the account of Mr. Ajit.
Thereafter, Mr. Ajit transferred Rs. 10,000/ into the bank account of
father of the victim maintained with Dena Bank. Thereafter, the victim
came to know that video of the said incidents was uploaded on
NUEFLIKS website by Smt. Gehana Vasisht and due to which her image
was tarnished. Therefore, the victim lodged the report to the police
station about the incident. On the basis of report of the victim, the
aforesaid crime is registered against the applicant / accused and others.
3.
The applicant / Accused claim bail on the ground that he is
innocent and as per the FIR, no direct role is assigned to him. No prima
facie case is made out against him as no material is against the
applicant / accused. He has no criminal antecedents. He is permanent
BA 108922
: 4 :
resident of Mumbai. He is behind the bar since his arrest. He also
submits that he is ready to abide the conditions of bail.
4.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the accused is not
the permanent resident of Maharashtra. Other accused are in contact
with the accused. The offence is made out against the accused which is
serious in nature. If the accused is released on bail, then there will be
every possibility that accused will tamper with the prosecution evidence
and other prosecution witnesses. So also, there is every possibility that
he will threaten the victim. Therefore, the prosecution strongly objected
for release of Accused on bail.
5.
After going through the Prosecution case and argument
advanced, it appears that there are serious allegations against the
coaccused. Prima facie role of the applicant is shown that Mr. Ajit has
share mobile number of the victim with the accused only. As per the
FIR, no active participation of this applicant / accused is seen at this
stage. The earlier bail application of the accused was rejected on the
ground that the investigation was in progress. Now investigation is
completed and the charge sheet is filed, but the trial will take time to
conclude on merit. The accused is behind the bar since his arrest, now
nothing has to be recovered from the accused. Therefore, no useful
purpose would be served by keeping the accused behind the bar. So far
as the fear of the prosecution in respect of the fleeing away the accused
from justice is concerned, stringent conditions can be imposed while
releasing him on bail. Hence, I proceed to pass following Order :
ORDER
1.
The Bail Application 1089 of 2022 is hereby allowed.
BA 108922
2.
: 5 :
The
Applicant
/
Accused
Mr.
Mitulkumar
Dahyabhai Patel be released on bail, in C.R. No. 66 of 2021
registered by DCBCID Police Station on furnishing P.B. and
S.B. of Rs. 30,000/ (Rs. Thirty Thousand only) with one or
two solvent sureties in the like amount.
3.
The Applicant is further directed to visit DCBCID
Police Station once in a week, i.e. every Monday between
4.00 and 6.00 p.m. and to maintain the diary in respect of the
visit till conclusion of trial.
4.
The Applicant shall not leave India 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.
BA 108922
9.
: 6 :
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.
12.
The Provisional cash bail is allowed for Eight weeks.
(A.B.SHARMA)
Additional Session Judge,
City Civil & Sessions Court,
Greater Bombay.
Date : 20.06.2022.
Dictation Typed on
Checked & Signed on
:
:
20.06.2022.
21.06.2022.
BA 108922
: 7 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.06.2022 at 3.40 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. A. B. SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 20.06.2022
JUDGMENT/ORDER signed by P.O. 21.06.2022
on
JUDGMENT/ORDER uploaded on
21.06.2022