MHCC020003432024 IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
MUMBAI CRIMINAL BAIL APPLICATION NO.59 OF 2024 IN C.R.NO.695 OF 2023

Mr. Rahul Ramchandra Rajbhar
Age 25 Years, Occupation: Service,
Presently residing at 94/495,
Santoshi Mata Nagar, Central
Railway Colony, Kurla,
Mumbai 400 024. ..Applicant/Accused

Vs.

The State of Maharashtra At the instance of R.C.F. Police Station in C.R.No.695 of 2023. ..Respondent

Appearances :Ld.Advocate Mr. Shrijeet V. Raorane, for the Accused. Ld.Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/Respondent. Ld. Advocate Mr. A.S. Hingne for the Intervener.

CORAM : HHJ DR.GAURI KAWDIKAR ADDITIONAL SESSIONS JUDGE (COURT ROOM NO. 41)
DATED : 27TH MARCH, 2024 ORDER

01.The application is filed by the accused under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. No.695/2023 registered with R.C.F. Police Station for the offence punishable under Sections 376 and 376(2)(n) of the Indian Penal Code, 1860.

02.Notice was issued to the respondent. The Investigating Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P. Advocate for Intervener has filed intervention application at Exh.04. Inspite of sufficient opportunity to file say on 30/01/2024, 12/02/2024, 21/02/2024 and 02/03/2024, no say was filed by the victim. On 15/03/2024 ‘no say’ order was passed against the victim.

03.Heard both the Ld. Counsels. It is the contention of the advocate of the accused that the accused is falsely implicated. The complainant and the accused were in a romantic relationship. The accused came to know that the complainant was already married. The complainant has filed false FIR to take revenge as the accused broke off with her. The accused was arrested on 18/12/2023. Investigation is complete. Charge-sheet is filed. He submitted that continued incarceration of the accused is not required. There are no criminal antecedents attributed to the accused. The accused is permanent resident of Mumbai. He is ready to abide by all terms and condition imposed by the Court. He has prayed for grant of bail
to the accused.

04.It is the contention of Ld. Addl.P.P that the offence is serious in nature. She submitted that the complainant is pregnant because of the accused. The report dated 25/11/2023 of Sparsh Diagnostics shows that the complainant is 6 weeks 3 days pregnant. The DNA Sample is sent to CA and report is awaited. Investigation is complete. Charge-sheet is filed. If the accused is granted bail, he would pressurize the complainant, hinder the investigation and tamper with evidence.

If the accused is granted bail, there is possibility that he would abscond and not remain present for trial.
She has submitted that application may be rejected.

05.Perused record. FIR shows that the complainant is 25 years old. She was married 4 years ago. Her husband has left her. She does not know his whereabouts. Her friend introduced her to the
accused 3 years ago. They were talking on phone. As her husband did not like that they were talking on phone, he left her. In the year 2021, the accused called the complainant in Building No.8, Mahul MHADA at about 8:00 p.m. She went there, the accused took her to some room and forcibly established sexual relationship with her. Thereafter, the accused established sexual relationship with her forcibly in his house saying that they are going to marry in future. In October 2023, the complainant became pregnant and the accused stopped responding to her. On 24/11/2023 the complainant called her, there was no response from the accused and she realized that he had ran away to Uttar Pradesh by making her pregnant and refusing to marry her. FIR was lodged on 27/11/2023.

06.It is pertinent to note that the complainant is a married woman, not legally available for marriage.

Thus, there is no question of promise to marry. The first sexual encounter took place between the complainant and the accused in the year 2021. The complainant herself had gone to Building No.8 at 8:00 p.m. on called by the accused. The fact that she went to the said building herself also reflects that she had gone there willingly and voluntarily. Had said sexual encounter been without consent of the complainant, she would have lodged FIR immediately. FIR is lodged on 27/11/2023 i.e. after almost 2 years of the first incident of sexual relationship between the complainant and the accused. At this stage, investigation is complete. Charge-sheet is filed. Sessions Case No.137/2024 is pending in this Court. The accused was arrested on 18/12/2023.

Though the report of the Sparsh Diagnostics dated 25/11/2023 shows that the complainant is 6 weeks 3 days pregnant, the DNA report is awaited.

Even otherwise, taking into consideration that the complainant is married woman, not legally available for marriage, sexual relations between the complainant and the accused from the year 2021, sexual relations at the house of the accused, prima-facie show that the sexual relationship between the
complainant and the accused was consensual.

Further, the complainant is 25 years old and having sufficient maturity to understand the consequences of one’ act. Accordingly, continued incarceration of the accused is not warranted.

07.Further, there are no criminal antecedents attributed to the accused. The accused is permanent resident of Mumbai. Similarly, to protect the complainant, avoid future dispute and repetition of offence, to ensure the presence of the accused for trial, certain terms and condition can be imposed on the accused. For the aforesaid reasoning, it is found fit to grant bail to the accused by imposing certain terms and conditions. Hence the order.

ORDER

1.The Criminal Bail Application is allowed.

2.The accused Rahul Ramchandra Rajbhar be released on bail in Crime No.695 of 2023 registered with
R.C.F. Police Station for the offence punishable under Sections 376 and 376(2)(n) of the Indian Penal Code, 1860 on executing P.R. Bond of Rs.50,000/- with one or more surety/sureties in like amount, on the following conditions-

a) He shall not tamper with prosecution witnesses and evidence.

b) He shall attend R.C.F. Police Station on the 1 st and 3rd Sunday of every month from 10:00 a.m. to 10:30 a.m. till filing of the charge-sheet.

c) He shall not commit any offence in future.

d) He shall not contact the complainant, witnesses and their family members directly or indirectly by any means till conclusion of the trial.

e) He shall not upload any video or photographs of the complainant on Social Media.

f) He shall not leave India without permission of the Court.

g) He shall furnish his permanent and temporary address, if any, and his contact details to the
concerned police station.

h) He shall not change his residential address without prior intimation to the Investigation Officer and to
the concerned Court.

3. Breach of any condition would entail cancellation of bail.

Date: 27/03/2024 Place: Mumbai (Dr. Gauri Kawdikar) Addl.Sessions Judge, City Civil & Sessions Court,
Gr. Mumbai BA No.59/2024 -: 6 :- “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” Upload Date Upload Time 27/03/2024 03:58 P.M. Name of Stenographer Mrs. Mrunal S. Pendkhalkar Name of the Judge HHJ DR.GAURI KAWDIKAR (Court Room No. 41) (With Court Room No.)
Date of Pronouncement of ORDER 27/03/2024 ORDER signed by P.O. on 27/03/2024 ORDER uploaded on 27/03/2024