BA 606-2024
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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 606 OF 2024
(CNR NO. MHCC02-003926-2024)
Rahul Satyanarayan Rathi
)
… Applicant/Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Colaba Police Station)
Ld. Adv. Sunil Pandey for Applicant / Accused.
Ld. APP. Jyotsna Gawli for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 15.03.2024.
ORDER
The accused has preferred this application under the
provisions of Section 439 of Cr.P.C. in Crime No. 14 of 2024 registered
with Colaba Police Station under Section 376 of the IPC.
2.

As per the applicant / accused, the victim lodged complaint
on 19.01.2024 alleging that she is residing at Gaziabad and accused is
residing at Delhi. She got acquainted with accused through her
boyfriend. On 28.12.2023, the accused called her and asked her if they
can go to Mumbai for tour. Similarly, she also called her boyfriend and
then they all decided to come to Mumbai. On 18.01.2024 the victim
alongwith her boyfriend and accused reached Mumbai. The accused had
booked two rooms at one hotel in Colaba. The victim and her boyfriend
stayed in one room and the accused in another.

BA 606-2024
3.

: 2 :
On 19.01.2024 the boyfriend of victim went to bring bottle
from outside the hotel, at that time, the victim and accused were in the
room of accused having drinks. The accused switched off the light of
room and removed his clothes. He also removed the clothes of victim
and ravished her. The victim was resisting the accused and during that
she broke glass bottle and hurt her hand.

The boyfriend of victim
reached there and pacified the victim. Then they called the police and
the accused was arrested.
4.

As per the accused, he was arrested on 19.01.2024 and
since 29.01.2024, he is in judicial custody. Accused contends that, he is
falsely implicated in the offence and she was blackmailing and extorting
money from him. The wife of accused filed complaint at Colaba Police
Station contending that by threatening to falsely implicate the accused,
victim and her boyfriend have made the accused to pay Rs. 15,000/and Rs. 7,000/- in their account. The victim and accused are related to
each other and they are having financial dispute. Therefore, they have
falsely implicated the accused. The accused undertakes to abide with
terms and conditions of bail, if imposed on him.
5.

The prosecution filed Say at Exh. 02. It is contended that
during the investigation, the CCTV Footage of the hotel is seized. The
hotel staff is interrogated. The medical examination of victim is
conducted. Prima-facie it is seen that there is no offence committed as
alleged by the victim. The Investigating Officer submitted that soon he
will file ‘B’ Summary in this offence.
6.

Heard learned counsel for accused and APP for State.

Perused the copy of Remand Report, complaint filed by the wife of
accused, Bank Statement and transaction done by the accused with
victim.

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7.

: 3 :
Admittedly, since 29.01.2024, the accused is in judicial
custody. The investigation is completed. Nothing incriminating is
received against this accused. Hence, the accused is entitled to be
released on bail. With this, I proceed to pass following order :ORDER
1.

The Bail Application No. 606 of 2024 is hereby
allowed.
2.

The accused Rahul Satyanarayan Rathi in CR No. 14
of 2024 registered with Colaba Police Station, he be
released on executing PR Bond of Rs. 15,000/-(Rupees
Fifteen Thousand) only, with one of more solvent sureties
of like amount.
3.

The accused shall submit the proof of his residence,
Aadhar Card, Election card, if any.
4.

The accused shall not involve in any crime.

5.

The accused shall not tamper with the evidence of
prosecution.
6.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of this case so as to dissuade him / her from
disclosing such facts to the Court or to the police officers.
7.
date.

The accused shall attend the trial on each and every
BA 606-2024
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8.

Breach of any condition will amount to cancellation
of bail forthwith.
9.

The Bail Application No. 606 of 2024 stands disposed
off.
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 15.03.2024.
Dictation typed on
Checked & Signed on
:
:
15.03.2024.
16.03.2024.

BA 606-2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16.03.2024 at 2.03 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 15.03.2024
JUDGMENT/ORDER signed by P.O. 16.03.2024
on
JUDGMENT/ORDER uploaded on
16.03.2024