1
B.A. 234/24
MHCC020017442024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 234 OF 2024
Rajan Rajesh Pandey @ Mohamad
Arfat Shaikh Adult Indian Inhabitant
Age 31 years,
R/a. B/103, Vrindavan Hight,
Vasai Link Road, Vasai (E),
Palghar 401 208 and presently
Lodged at Thane Jail
… Applicant
Versus
The State of Maharashtra
(Through Nirmal Nagar P. Stn.
vide Cr. No.15/2024)
… Respondent
Appearance :
Advocate Mr. Sachin Bansode for the applicant.
APP Mrs. Rashmi Tendulkar for the respondent/State.
CORAM : HHJ SHRI N.G. SHUKLA,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM NO. 29.
DATED : 06/02/2024
ORDER
Applicant/accused who is arrested in Crime No. 15/2024 of
Nirmal Nagar Police Station for the offence punishable under Sections
498A, 376, 377, 406 r/w 34 of Indian Penal Code has filed this
application for bail under Section 439 of The Code of Criminal
Procedure. Prosecution filed say at Exh.2 and opposed the application.
2
2.
B.A. 234/24
I have heard learned Advocate for applicant and learned
APP and perused reply at Exh.2 filed by prosecution.
3.
Applicant/accused is husband of informant. He converted
in Muslim religion and performed marriage with informant on
13.03.2022. He has given certain ornaments in marriage to informant.
It is alleged in FIR that, on third day after marriage, he committed
unnatural sexual relations with the informant against her wish.
Thereafter, he was repeatedly subjecting cruelty to informant for one or
other reason. He also sold her ornaments to pay dues in his business. In
September/October 2022, applicant brought informant at her maternal
home and they stayed for two months at there. He was again subjecting
cruelty to informant insisting her to convert in Hindu Religion. When
informant fadeup by his cruelty tried to come at house of applicant, co
accused i.e. motherinlaw and sisterinlaw subjected cruelty by
demanding dowry. Hence, the informant lodged report.
4.
Learned advocate for applicant submitted that applicant is
arrested on 05.01.2024. Since then he is behind bar. There is only one
allegation of unnatural sex that too immediately after marriage. There
is no such allegation for the period thereafter till filing report.
Investigation is almost completed. Further custody of applicant is not
required. Applicant is ready to cooperate for remaining investigation
and to abide any condition. Hence, learned advocate prayed to allow
the application.
5.
Learned APP submitted that applicant has sold the
ornaments of the informant. He has committed unnatural sex with the
informant. These are serious allegations. If released on bail, applicant
3
B.A. 234/24
may give threats and repeat the offence of cruelty against the
informant. Hence, learned APP prayed to reject the application.
6.
I have considered submissions and perused the FIR and say
of police. It appears that, the allegation of unnatural sex against the
applicant is only for initial period after marriage. There is no such
allegation for the subsequent period of two years. It also appears that
th ornaments had been sold prior to September/October 2022 and at
that time, informant had not raised any grievance by filing complaint. It
also appears that applicant and informant were residing at her
matrimonial home for some period. When she insisted to took back her
at the house of applicant, the dispute was developed thereafter.
Applicant is behind bar for last one month. It appears from say of
police that, almost investigation is completed.
Further detention of
applicant for remaining investigation and filing chargesheet is not
required.
7.
Informant appeared today and submitted that if released on
bail, applicant may give threats to her and repeat the offence.
Conditions can be imposed on the applicant to not contact and give
threat to the informant. Thereby, the informant can be protected. In
this view of the matter, I pass following order :
ORDER
1. Bail Application No.234 of 2024 in CR No. 15/2024 is allowed.
2. Applicant Rajan Rajesh Pandey @ Mohamad Arfat Shaikh be
released on bail by executing P.R. bond of Rs.30,000/ and one or two
sureties of like amount.
4
B.A. 234/24
3. Applicant shall not contact, give threats or induce to informant and
other witnesses in any manner and not to tamper with the evidence of
the prosecution.
4. Applicant shall not commit any offence in connection with informant
and breach of any of the condition will be ground for cancellation of
bail.
5. Applicant shall attend concerned police station on every 1 st and 3rd
Monday of each month till conclusion of trial of this offence and to give
his proof of residential address and contact number to investigation
officer and update the same time to time.
6. Bail Application No.234 of 2024 in CR No.15/2024 stands disposed
off accordingly.
Date : 06/02/2024
(N.G. Shukla)
Additional Sessions Judge,
Gr. Mumbai.
5
B.A. 234/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
06/02/2024
05.30 p.m.
UPLOAD DATE
TIME
Shravanti Karre
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge N.G
Room No.)
Shukla, Court Room No. 29.
Date of Pronouncement of ORDER 06/02/2024
ORDER signed by P.O. on
06/02/2024
ORDER uploaded on
06/02/2024