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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 809 OF 2022
(CNR No. MHCC020045562022)
Nikhil Prakash Chavan
)
… Applicant / Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Gaondevi Police Station)
Ld. Adv. Anthony Nadar 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 : 19.04.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 87 of 2022 registered with Gaondevi Police Station for the offences
punishable u/s. 376, 313, 354D, 509, 506, 504, 500 of I.P.C. and under
Section 66(C)(E) of Information Technology Act.
2.
As per FIR, the complainant and Accused got acquainted
with each other while both of them were working in Jaslok Hospital in
the year 2015. Thereafter, they developed friendship in the year 2016.
It is alleged that in JuneJuly 2016, the Accused introduced the
complainant with his father and promised her to marry. Thereafter, the
Accused committed sexual intercourse with her against her wish. It is
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alleged that thereafter, the Accused repeatedly committed sexual
intercourse with the complainant by giving promise of marriage. The
complainant claims that due to said physical relation she became
pregnant and Accused compelled her for abortion at Hospital situated at
Borivali. Even thereafter, he committed sexual intercourse with the
complainant. It is the grievance of the complainant that thereafter the
Accused started avoiding her and asked her for discontinuation of their
relation. Therefore, the family members of the complainant started
looking after the marriage proposal for the complainant. However, the
Accused forwarded two letters to the native place of complainant
having defamatory statement against her. It is further alleged that in
2022 while the talk of marriage of complainant was going on, the
Accused from
the different Instagram
Account forwarded the
defamatory messages against the complainant. Therefore, ultimately,
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 both of
them while working in Jaslok Hospital, their friendship turned into an
affair. At that time, the complainant was 27 years old and Accused was
25 years old. It is alleged that the Accused introduced the complainant
with his father.
Moreover, she started staying with Accused on
Holidays. It is further submitted that it was the decision of complainant
to abort the child and therefore, she alongwith her friend Ankita went
to the Hospital and the pregnancy was terminated after the consent of
complainant. It is submitted that after knowledge of termination of
pregnancy the family members of Accused approached the family of the
complainant for initiating talk about their marriage and their marriage
was fixed in August2018. However, after marriage preparation the
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complainant on her own decided that she does not want to go ahead
with the marriage and she wants to call it off. The complainant not gave
any reason for breaking the marriage. However, later on, Accused came
to know that complainant is having affair with another boy. After
knowledge of the said fact the Accused stopped contacting the
complainant. It is alleged by the Accused that he was not in touch with
the complainant since 2019. The Accused denied that he forwarded any
defamatory messages as alleged by the complainant.
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
Complainant and prosecution witnesses. Therefore, the prosecution
strongly objected for release of Accused on bail.
5.
After going through the FIR and argument advanced it
appears that the complainant and Accused had consensual physical
relation since 2015. It is alleged by the complainant that the consent
was obtained by giving promise of marriage. However, at the instance
of Accused she stopped the said relation and her family members
started looking marriage proposal for the complainant. It is alleged by
the complainant that at that time, the Accused forwarded the
defamatory messages by creating the fake I.D. on the Instagram Account
of her relatives. Per contra, the Accused claims that he was ready to
marry with the complainant. However, it is the complainant who
stopped the relation with an intention to marry with someone else.
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The Ld. Defence Advocate placed reliance on observations
made by Hon’ble Bombay High Court in Criminal Writ Petition No.
1787 of 2016 in case of Kunal Mandaliya vs. The State of
Maharashtra.
7.
After going through the averments made in the complaint
the parties got separated somewhere in the year 201819. Both the
parties mentioned different reason for separation. However, it is the
grievance of the complainant that after separation, Accused forwarded
two letters to her native place and also forwarded defamatory messages
by creating Instagram Account in the name of Monika Gaikwad,
Sandhya Koli, Sangeeta, Surekha, Ashwini, Neha, etc. and made
defamatory statement. The facts remain that the relation between the
parties were consensual. The complainant stopped the relation with
Accused and intended to settle with somebody else by performing
marriage. In the FIR, the complainant pointed out what are the
defamatory messages received by her relatives in February2022. So
also, the said messages are also not received from the Account of the
Accused. The Accused came to be arrested on 29.03.2022. The Accused
also handed over his mobile phone to the I.O. Therefore, looking into
the facts of the case the further custodial detention is not required.
Hence, I proceed to pass following Order :
ORDER
1.
The Bail Application No. 809 of 2022 is hereby
allowed.
2.
The Applicant / Accused Nikhil Prakash Chavan
be released on bail, in C.R. No. 87 of 2022 registered by
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Gaondevi Police Station on furnishing P.R. Bond of
Rs. 30,000/ (Rupees Thirty Thousand only) with one or
more solvent sureties in the like amount.
3.
The Applicant is further directed to visit Gaondevi
Police Station once in a week, i.e. every Tuesday between
4.00 to 6.00 p.m. and to maintain the diary in respect of
the visit till conclusion of trial.
4.
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
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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.
(SANJASHREE J. GHARAT)
Additional Sessions Judge,
City Civil & Sessions Court,
Greater Bombay.
Date : 19.04.2022.
Dictation Typed on
Checked & Signed on
:
:
19.04.2022.
21.04.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.04.2022 at 5.57 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 19.04.2022
JUDGMENT/ORDER signed by P.O. 21.04.2022
on
JUDGMENT/ORDER uploaded on
21.04.2022