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Cri. B.A. No.1737/2022
(CNR NO. MHCC02-009448-2022)
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1737 OF 2022
IN
C.R.NO. 334 OF 2022
Pratham Kalpesh Jain
Age: 24 yrs. Occ: Student.
Residing at: 608, Vimlachal Building,
6th Floor, B-Wing, Love Lane,
Byculla, Mumbai-400027
..Applicant
Vs.
The State of Maharashtra
(Through Gamdevi Police Station,
Mumbai in C.R.No.334/2022)
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. MADHURI M. DESHPANDE
(Court Room No.41)
DATE : 17th August, 2022.
Adv. Shah for Applicant.
APP Mrs. Bhandari for the State.

ORDER
1]
This is an application filed by the applicant under
Section 439 of the Code of Criminal Procedure, praying for
releasing him on bail in connection with C.R.No.334/2022
registered with Gamdevi Police Station, Mumbai under Sections
376,376(2)(n), 406, 411, 506, 34 of the Indian Penal Code.

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2]
Prosecution story in short is that, complainant lodged
report to Gamdevi Police Station interalia contending that, the
accused under the force of marriage during the period from
11.10.2021 to 18.06.2022 committed forcible physical sexual
intercourse with her repetedly at different palces against her will
without her consent.

The accused has also taken golden
ornaments from her amounting to Rs.24,50,000/-. The accused
has also threatened her to upload her photographs. On these
allegations she lodged report and an offence punishable under
sections 376, 376(2)(n), 406, 411, 506, 34 of the Indian Penal
Code came to be registered against the accused vide crime
No.334/2022.
3]
The contention of the accused/applicant is that, he is
innocent and has been falsely implicated in the present case, the
allegations made in the FIR clearly shows that it is the case of the
complainant herself that the complainant having love affair with
the applicant. The FIR is filed by complainant under pressure by
her father. The entire FIR is an afterthought FIR. The complainant
and applcant/accused had consensual physical relation with each
other on several occasions. Complainant parents were already
ready for their marriage and after request of complainant to sell
gold for family difficulties is concerned the applicant had no
reason to doubt that the complainant had possibly stolen gold from
the complianant’s home. The police had seized articles approx of
Rs.21 lacs. The applicant and complainant had a mutual love and
affection relationship with each other for a limited period. The
complainant is major and she is a consenting party to the mutual
love relationship. The applicant is permanent residence of Mumbai
and if he is released on bail there is no chance of absconding or
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Cri. B.A. No.1737/2022
tampering prosecution evidence. He has no criminal antecedents.
He is ready and willing to co-operate with the police machinery as
and when called.

He will not tamper with the prosecution
witnesses and he will not pressurize or give any false assurance to
any of the witnesses. He is ready and willing to abide by any terms
and conditions imposed by the Court. Lastly, he prayed to release
him on bail.
4]
The prosecution has opposed the application by filling
say at Exh.2 on the ground that, the 40 tolas golden ornaments
and other articles amounting to Rs.24,39,227/- have been seized
and other articles are yet to be seized.

Documentary evidence
about their visit to different hotel are yet to be collected and
detailed investigation in the matter is to be done. The statement of
witnesses are yet to be recorded. The offence is serious in nature.
If he is released on bail, he will presurize the prosecution witnesses
and complainant. He will not co-operate with the investigation
agency. Hence, it prayed to reject the application.
5]
Heard learned A.P.P for the State and learned counsel for the
accused. Gone through the record and document place on record
by accused.
6]
In
view
of
these
facts,
following
points
arise
for
determination and findings thereon are recorded against each of
them, for the reasons stated below :
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Sr.
No.

POINTS
FINDINGS
1) Whether the accused is entitled for bail ?
2) What order ?

Yes.
As per final order.

REASONS
Point No.1 :7]
On perusal contains on FIR it appears that the accused
is aged about 24 years and the complainant is aged about 20 years.
The period for which accused and complainant had physical
relationship is from 11.10.2021 to 26.05.2022 and FIR is lodged
on 06.07.2022. There is huge a delay in lodging of the FIR. As per
contention of FIR First incident of physical relationship between
them is taken place on 11.10.2021 and the last incident is taken
place on 26.05.2022. The FIR lodged on 06.07.2022 also there is
huge delay in the lodging of the FIR from the first and last
incident.

Say of the prosecution reveals that the articlces
amounting to Rs. 24,39,227/- have been already seized.

The
complainant is major, educated lady and stundent of LLB 4 th year.
The contains of FIR clearely reveals that the complainant and
accused had friendship and then their friendship converted in to
love affair and then they had physical relationship at various places
during the period from 11.10.2021 to 26.05.2022.

The
documentary evidence placed on record and the affidavit of
accused and his parents clearely reveals that they are ready and
willing to marry the accused with the complainant. Documentary
evidence placed on record by accused also reveals that the
complainant had consensual physical relationship with the acused.
The accused is arrested on 06.07.2022. The Prosecution has not
prayed for
further
detention of the
accused for further
investigation. Apprehension of the prosecution is only that, if he is
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Cri. B.A. No.1737/2022
released on bail he will presurise the prosecution witnesses and
complainant. Apprehension of the prosecution can be taken care
of by imposing certain stringent condiitons.
8]
Considering these facts and circumstances of the
present case, I am of the view that, it will be just and proper to
allow this application and to release the applicant on bail imposing
some conditions. Hence, the following order :ORDER
1)
Cri. Bail Application No.1737 of 2022 is allowed.

2)
The applicant Pratham Kalpesh Jain be released on bail for
the offence punishable under sections 376, 376(2)(n), 406,
411, 506, 34 of the Indian Penal Code in crime No.334/2022
registered with Gamdevi Police Station, Mumbai, on P.R. Bond
of Rs.30,000/- with one or two local sureties in like amount,
on the following conditions :a)
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 them from
disclosing such facts to the Court or to any police officer.

b)
The applicant shall not leave India without permission of
the court.

d)
The applicant shall furnish his permanent address and
temporary address, if any, and her contact details to the
concerned Court.

e)
The applicant shall not change his residential address
without prior intimation to the Investigation Officer and
to the concerned Court.

g)
The applicant shall not talk with the complainant
personally or by any electronic mode till conclusion of
trial.

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3)
g)
The applicant shall not enter the vicinity where
complainant resides or works or studies.

h)
If the applicant disobeyed any of the above condition,
the prosecution is at liberty to move the Court for
cancellation of bail.

Bail before lower Court.

4) Criminal Bail Application No. 1737 of 2022 is hereby disposed
off accordingly.
MADHURI
MILIND
DESHPANDE
17/08/2022
Date of Dictation
: 17/08/2022
Date of Transcription : 17/08/2022
Date of signature
: 17/08/2022
Digitally signed by
MADHURI MILIND
DESHPANDE
Date: 2022.08.19
10:37:19 +0530
(Mrs. Madhuri. M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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Cri. B.A. No.1737/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
09/08/2022
Upload Time
Name of Stenographer
11.00 A.M.

Name of the Judge (With Court Room No.)

Mr. A. S. PATIL
HHJ Mrs. Madhuri
Deshpande (CR 41)
Date of Pronouncement of JUDGEMENT
/ORDER
17/08/2022
JUDGEMENT /ORDER signed by P.O. on
17/08/2022
JUDGEMENT /ORDER uploaded on
19/08/2022
M.