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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1809 OF 2022
(CNR NO. MHCC020098072022)
Rohit Kamlashankar Sharma
)
… Applicant/Accused
Versus
The State of Maharashtra
)
(Through Wadala T.T. Police Station))
… Respondent
Ld. Adv. Manoj Tiwari for Applicant / Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 20.08.2022.
ORDER
The applicant / accused moved this bail application under
Section 439 of Criminal Procedure Code in Crime No. 537 of 2022, for
the offence punishable under Sections 376, 504, 506 of the Indian Penal
Code and under Section 67 Information Technology Act registered with
Wadala T.T. Police Station.
2.
The informant lodged report alleging therein that the
victim was residing in the rented premises of one Kamla Shankar
Sharma. The accused is son of landlord of the victim. He used to visit
the house of the victim. In 2019, he frequently came to the house of the
victim and started misbehaving with her by saying that he likes her. The
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informant told the accused if her husband comes to know about the
behaviour of the accused, he will leave her. However, the accused used
to visit the house of the victim frequently. It is alleged that when
accused teased the victim she scolded him. So, he threatened her. It is
further alleged that one day accused came to the house of victim under
influence of liquor and asked for sexual favour.
When the victim
denied, the accused threatened to kill her husband and he left her
house. After sometime, he again came to her house and forcibly
committed sexual intercourse with her. He has also captured the photos
and videos of the aforesaid activities. Since, then he repeatedly
committed forcible intercourse with the victim by threatening her to
make viral her obscene video. Therefore, the victim went to the house
of her sister at Gujarat and narrated her entire incidents. Thereafter, the
sister of the victim disclosed all the incidents to her husband and
subsequently he disclosed it to the husband of victim. Thereafter, she
lodged report against the accused.
3.
Perused the application, Say (Exh. 2), Case diary. Heard
the learned advocate appearing on behalf of applicant / accused and
learned A.P.P. for the State.
4.
The applicant / accused claims bail on the ground that he is
innocent and falsely implicated in this case. The allegations levelled
against the accused are baseless. The applicant has no criminal
antecedents. The accused is behind the bar since his arrest. The
investigation in this case is almost over. The family members of the
accused are dependent upon him. The applicant / accused is ready to
abide the conditions of bail imposed by the Court.
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5.
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Per contra, the learned A.P.P. strongly opposed the
application on the ground that the offence is serious and primafacie
case is made out against the accused. The investigation is going on.
Thus, at this stage, if the accused is released on bail, there is possibility
of tampering of the prosecution evidence and threatening of witnesses.
Therefore, the prosecution strongly objected for release of Accused on
bail.
6.
The contents of FIR goes to show that at the very first
incident, no FIR was lodged by the victim against the accused. There is
an inordinate delay in lodging FIR. The material investigation in respect
of the accused is almost completed. Nothing has to be recovered from
the accused. The accused is behind the bar since his arrest. The accused
is only earning member of his family. Under such circumstance, further
incarceration of the accused not seems to be required. So far as the fear
of the prosecution, in respect of the tampering of the prosecution
witnesses is concerned, certain conditions may be imposed while
releasing him on bail. Hence, I proceed to pass following Order :
ORDER
1.
The Bail Application No. 1809 of 2022 is hereby
allowed.
2.
The Applicant / Accused Rohit Kamlashankar Sharma
be released on bail, in C.R. No. 537 of 2022 registered by
Wadala T.T. Police Station on furnishing P.R. Bond of Rs.
25,000/ (Rupees Twenty Five Thousand only) with one or
more solvent sureties in the like amount.
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3.
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The Applicant is further directed to visit Wadala T.T.
Police Station once in a month, i.e. on every 3rd Saturday
between 4.00 p.m. and 6.00 p.m. and to maintain the diary in
respect of the visit till conclusion of trial.
4.
The Applicant shall not leave India without prior
permission of the Court.
5.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and Election
Card, if any.
6.
The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.
The Applicant is further directed not to tamper with
the prosecution evidence or witnesses.
8.
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 him from
disclosing such facts to the Court or to the Police Officer.
9.
The Applicant shall regularly attend the case on each
and every date.
10.
The Applicant is further directed not to make any
contact, visit and enter into the area where victim resides.
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11.
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In case of the violation of condition of bail the
prosecution is at liberty to file an application for cancellation
of bail.
12.
The Provisional cash bail is allowed for three months.
Anita
Bajranglal
Sharma
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 20.08.2022.
Dictation Typed on
Checked & Signed on
Digitally signed by
Anita Bajranglal
Sharma
Date: 2022.09.05
12:28:40 +0530
:
:
20.08.2022.
26.08.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05.09.2022 at 10.50 am
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. A. B. SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 20.08.2022
JUDGMENT/ORDER signed by P.O. 26.08.2022
on
JUDGMENT/ORDER uploaded on
05.09.2022