Cri.Bail Application No.246/2024
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MHCC020017492024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.246 OF 2024
IN
C.R.NO.808 OF 2023
Rakendra Shmshankar Tiwari @ Munna Tiwari
Age about 47 Years , Occupation: Auto Driver,
Residing at Room No.29, Chawl No.11,
Kamra J. Nagar, Ghatkopar (E), Mumbai.
Vs.
State of Maharashtra
Through Pant Nagar Police Station
vide their C.R.No.808/2023.

..Applicant/
Accused No.2
..Respondent
Appearances :Ld. Advocate Mr.Moin Khan, for the Applicant/ Accused No.2.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the
State/Respondent.
Ld. Advocate Kaif Mujawar, for the Intervener.
CORAM : H.H. JUDGE DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 29TH FEBRUARY, 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.808/2023 registered with Pant Nagar Police Station for the
offence punishable under Sections 376, 376(2)(N), 420, 323 and 506II r/w 34 of the Indian Penal Code, 1860.

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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.
Complainant/Victim has filed say at Exh.3.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that false and concocted FIR is filed against
him. The accused did not take any amount or gold ornaments from
the complainant for investing. The co-accused was out of station
from 21/11/2023 to 13/12/2023. The accused did not commit forcible
sexual relations with the complainant. Mobile phone of the accused
is seized. The co-accused is granted anticipatory bail by order passed
in Anticipatory Bail Application No.77/2024 on 30/01/2024. He
further submitted that there are many cases pending against the
family of the complainant under various Acts. There are no criminal
antecedents of the accused. The accused is permanent resident of
Mumbai. He has prayed for grant of bail to the accused.
04.

It is the contention of Ld. Addl.P.P and Advocate for
the intervener that the offence is serious in nature. Charge-sheet is
filed in Metropolitan Magistrate’ Court. Mobile Phone of the
accused seized and sent to FSL. The statement of complainant under
section 164 of the Code of Criminal Procedure, 1973 is recorded. If
the bail granted to the accused, there is possibility of the accused
absconding or remaining absent for trial and tampering with
evidence. They have prayed for rejection of bail.
05.

Perused record. FIR shows that the co-accused has a
grocery store in the locality where the complainant resides. The
complainant knew the co-accused from the last three years as she
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was purchasing groceries from his shop. It is alleged that in June
2023, the co-accused introduced her to Munna Tiwari i.e. the present
accused. He told the complainant that if she invests in gold, the
amount would be doubled. The complainant allegedly gave the
amount of Rs.2,00,000/- per month in the months of July, August,
September and October to the accused and the co-accused. It is
alleged that the complainant also gave gold ornaments worth
Rs.5,00,000/- to the accused and to the co-accused in November
2023. It is alleged that in December 2023, the accused Munna Tiwari
called the complainant to Hotel Sai Sakshi, Near Janta Market at
about 4:00 p.m. and forcibly committed sexual relations with her.
Thereafter, the accused Munna Tiwari threatened to kill her family
members, viral her video and again called her at Hotel Sai Sakshi
and forcibly committed sexual relations with her.
06.

First of all, not mentioning date of such a major incident
puts a doubt about the incident itself. The Advocate of the
complainant has not produced on record any bank receipt,
passbook, IT Returns to show that the complainant had the paying
capacity of a huge amount of Rs.2,00,000/- per month from July
2023 to October 2023. Similarly, no bills or receipts are produced
for the gold ornaments worth Rs.5,00,000/- allegedly given by the
complainant to the accused and co-accused for investment.
07.

It is the contention of the complainant that the accused
threatened her with dire consequences as he had a gun. But no gun is
recovered from the accused. Further, it is the contention of the
complainant that the accused threatened to viral her nude pictures
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which he had allegedly taken during their first sexual encounter. But
in the FIR she has not mentioned when the accused took her nude
photos or videos.
08.

At this stage, mobile phone of the accused is seized and
sent to FSL, statement of the complainant under section 164 of the
Code of Criminal Procedure, 1973, charge-sheet is ready and filed in
the Metropolitan Magistrate’s Court but not yet committed to the
Sessions Court. In sexual offences, physical custody of the
perpetrator is required for medical examination.
already
arrested
and
has
undergone
medical
The accused is
examination.

Accordingly, there is no propriety in keeping the accused behind
bars. There are no criminal antecedents of the accused. To protect
the complainant and ensure presence of the accused for trial, terms
and conditions can be imposed on him. To facilitate investigation,
the accused can be directed to attend the police station.
Similarly, to protect the complainant and avoid repetition of offence,
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 orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Rakendra Shmshankar Tiwari @ Munna Tiwari be
released on bail in Crime No.808 of 2023 registered with Pant
Nagar Police Station for the offence punishable under Sections
376, 376(2)(N), 420, 323 and 506-II r/w 34 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-
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a) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Pant Nagar Police Station on 1st and 3rd
Thursday of every month from 12:00 noon to 2:00 p.m.
and as and when called by the Investigating Officer on
written notice till filing of the charge-sheet.

c) He shall not commit any offence in future.
d) He shall not leave India without permission of the Court.
e) He shall not contact the complainant or her family
members directly or indirectly by any means.
f) He shall not upload any video or photographs of the
complainant on Social Media.
g) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

h) He shall not contact the complainant or her family
member directly or indirectly by any means.

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

3.

Bail before Ld. Metropolitan Magistrate’s Court.

4.

Breach of any condition would entail cancellation of bail.

Date: 29/02/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
29/02/2024
05:54 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
29/02/2024
ORDER signed by P.O. on
29/02/2024
ORDER uploaded on
29/02/2024