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BA No.927/2024
MHCC020058472024
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.927 OF 2024
Mr. Muzammil Abdul Shaikh
Aged 32 years, Occu. : Service
R/at. : 1199, Ground Floor,
Plot No.11, Near Royal Stores, Bharat Nagar,
Kherwadi, Bandra (E), Mumbai-400 037.

..Applicant
V/s.
State of Maharashtra
(At the instance of Kherwadi
Police Station, Mumbai in
C.R. No.247/2024).

..Respondent
Appearance :Advocate Mr. Vahid Shaikh for the applicant.
APP Mr. R.V. Tiwari for the respondent/State.
Adv. Abhishek Kase for intervener/complainant.
CORAM : HHJ SHRI N.G. SHUKLA,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 29.
DATED : 20/04/2024
ORDER
(Dictated and pronounced in open Court)
1.

Applicant/accused who is arrested in Crime No.247/2024 for
the offence punishable under Section 376, 376(2)(N) of Indian Penal Code
has filed this application for bail under Section 439 of The Code of Criminal
Procedure. Prosecution filed reply at Exh.2 and Advocate for informant
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filed intervention application at Exh.6 and opposed the application for bail.

2.

I have heard Advocate Mr. Vahid Shaikh for applicant, APP Mr.

R.V. Tiwari for prosecution and Advocate Abhishek Kase for intervener.

3.

It is alleged in the FIR that, informant is divorcee having two
children residing with her mother. She and applicant are knowing to each
other since last 15 years. She was taking help of applicant to convince her
ex-husband who used to come at her workplace and quarrel with her
frequently. It is further alleged that, applicant developed relations with her
under pretext of marriage, maintained physical relations with her on
07.12.2023 at his home against her wish. When she told him that she
would lodge complaint, applicant allegedly performed ‘nikah’ with her in
online presence of his two friends. Thereafter, applicant used to pickup and
drop her at her workplace. It is further alleged that, again on 13.02.2024
and 06.03.2024, applicant took the informant at his second home and
maintained physical relations against her wish. On 22.03.2024, he refused
to marry with informant as his family members opposed to their marriage.
Hence, informant lodged present FIR.
4.

Advocate for applicant submitted that, omnibus allegations of
rape are leveled against the applicant. There are three instances of physical
relations in the month of December 2023, February 2024 and March 2024
alleged in the FIR. In view of said three incidents, the physical relations are
consensual. Advocate for applicant shown the text of Whatsapp messages
between applicant and informant and submitted that, informant was
inviting applicant to maintain physical relations. There is no misconception
of fact of the promise of marriage because of which informant consented
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BA No.927/2024
for physical relations. Informant demanded Rs.25,000/- from the applicant.
He has paid some amount to the informant till 05.03.2024. When applicant
refused to pay further amount, informant lodged FIR. Applicant is arrested
on 24.03.2024. Almost investigation is completed. He is ready to abide any
conditions. Hence, advocate prayed to allow the application. Learned
Advocate relied on following rulings “i.

Ansaar Mohammad Vs. The State of Rajasthan and Anr. in
Criminal Appeal No.962/2022 @ (SLP(CRI) No.5326 of 2022)
passed by Hon’ble Supreme Court of India on 14.07.2022.
ii.

Shambu Kharwar Vs. State of Uttar Pradesh and Anr. in
Criminal Appeal No.1231/2022 passed by Hon’ble Supreme Court of
India on 12.08.2022.
iii.

Sonu @ Subhash Kumar Vs. State of Uttar Pradesh and Anr. in
Criminal Appeal No.233/2021 passed by Hon’ble Supreme Court of
India on 01.03.2021.
iv.

Gaurav Ravi Wankhede Vs. State of Maharashtra and Anr. in
Criminal Application (APL) No.45/2023 passed by Hon’ble Bombay
High Court Bench at Nagpur on 30.01.2024.
v.

Mandar Deepak Pawar Vs. The State of Maharashtra in
Criminal Appeal No.442/2022 passed by Hon’ble Supreme Court of
India on 27.07.2022.
vi.

Pramod Suryabhan Pawar Vs. The State of Maharashtra and
Anr. in Criminal Appeal No.1165/2019 passed by Hon’ble Supreme
Court of India on 21.08.2019.
5.

APP instructed by Investigation Officer submitted that,
applicant has committed serious offence of rape. Investigation is in
progress. Applicant and informant are residing in one and the same locality.
If released on bail, applicant may pressurize or give threat to the informant.

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BA No.927/2024
Hence, APP prayed to reject the application.
6.

Advocate Abhishek Kase for informant submitted that,
applicant committed heinous crime with the women. Applicant was friend
of informant and they had no any love affair. Under pretext of marriage,
applicant maintained physical relations and committed rape on informant.
He had given threats to the informant when she asked to perform marriage
with her. If released on bail, applicant may give threats which will danger
to the life of informant. Hence, Advocate for informant prayed to reject the
application.
7.

I have considered submissions and perused the record. As per
FIR, informant obtained divorce from her husband in 2021. Applicant and
informant are well acquainted with each other since last 15 years.
Informant alleged three incidents of physical relations in the FIR. First
instance is dated 07.12.2023. As per allegations, applicant maintained
physical relations with informant against her wish and forcefully. When
she told that she would lodge report, applicant allegedly perform ‘nikah’
with her. If the first incident of physical relation was against the wish and
forcefully, informant had no reason to maintain contact and to go with the
applicant when he come for pickup and drop of her workplace. It appears
that, even after first physical relation taken place against her wish and
forcefully, applicant maintained contact with her and then two incidents
were happened on 13.02.2024 and 06.03.2024. Text of Whatsapp chats
further shows that prior to starting the month of Ramzan, informant was
showing interest and inviting applicant for maintaining physical relations.
These all material clearly indicates consensual relations between applicant
and informant. In view of the rulings in Pramod Pawar (cited supra), there
is no direct nexus between the promise of marriage and the act of physical
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BA No.927/2024
relations in view of three incidents in three different months. So, there is
no misconception of fact of promise of marriage because of which applicant
gave consent for physical relations.
8.

Almost investigation is completed. Applicant is resident of
Kherwadi and informant is resident of Dnyaneshwar Nagar at Bandra
(East). Condition can be imposed on the applicant to not enter in the
residential area and the area of workplace of informant till filing chargesheet, so as to protect the informant from threats. For the above noted
reasons, applicant is entitled for bail with conditions. Hence, I pass
following order :ORDER
1. Bail Application No.927 of 2024 in CR No. 247/2024 is allowed.
2. Applicant Muzammil Abdul Shaikh be released on bail by executing P.R.
bond of Rs.30,000/- and one or two sureties of like amount.
3. Applicant shall not enter in the locality of residence and workplace of
informant till filing of charge-sheet and not to contact, give threats or
induce to informant and any other witnesses in any manner and not to
tamper with the evidence of the prosecution.
4. Applicant shall attend concerned police station as and when called and
to give his proof of residential address and contact number to investigation
officer and update the same time to time.
5. On oral request of advocate, applicant is permitted to cash security of
Rs.30,000/- in lieu of surety provisionally for four weeks.

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6. Bail Application No.927 of 2024 in CR No. 247/2024 stands disposed off
accordingly.

Sd/Date : 20/04/2024
(N.G. Shukla)
Additional Sessions Judge,
City Civil and Sessions Court,
Greater Bombay
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BA No.927/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Typist
Upload date and time
Name of the Judge
: Mrs. Shravanti Karre
: 20th April, 2024 (At 05.22 p.m.)

H.H.THE ADDL. SESSIONS JUDGE
SHRI N. G. SHUKLA (C.R.No.29)
Date of Pronouncement of Order 20th April, 2024
Order signed by P.O. on
20th April, 2024
Order uploaded on
20th April, 2024