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Criminal Bail Application No.123/2022
CNR NO. MHCC02-000608-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 123 OF 2022
IN
C.R. NO. 890 OF 2021
Mr. Saddam Anwar Sayyed
Age: 31 years, Occupation-Mechanic.
Add:- Opp. Dilshad Hotel Azad Nagar,
Shanti Nagar, Dandekarwadi, Bhawandi,
Thane – 421 302.

…Applicant
Versus
The State of Maharashtra
(At the instance of Shivaji Nagar Police
Station)
…Respondent
Appearances:
Advocate Mr. S.R. Kashyap for the applicant/Accused.
ADPP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 25th JANUARY, 2022.
:ORDER:
This is an bail application filed by accused under section 439 of
the Code of Criminal Procedure 1973 (hereinafter referred to as
“Cr.P.C.”) for grant of regular bail in connection with Crime
No.890/2021 for the offence punishable under Sections 376, 376(2)(n)
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Criminal Bail Application No.123/2022
and 506(2) r/w 34 of the Indian Penal Code, 1860 (hereinafter referred
to as “IPC”) registered with Shivaji Nagar Police Station.
2.

Heard argument of learned counsel for accused and learned APP
for the State.
3.

Prosecution has alleged that informant got married with accused
Saddam in the year 2014. She had two sons from him. It is further
alleged that her mother-in-law died in the year 2018. It is alleged that
when informant’s husband i.e. applicant-accused was not present at
home, her father-in-law gave threats to kill her and her children and
had sexual relations with her. After applicant-accused came home,
informant told him about the same but he told her to do whatever her
father-in-law tells her. It is further alleged that when informant refused
for the same applicant-accused gave her threats to kill. It is further
alleged that thereafter by taking disadvantage of the circumstances that
applicant-accused is not at home, informant’s father-in-law had sexual
relations with informant many times between the period January 2021
to July 2021. It is further alleged that applicant-accused also had sexual
relations with informant many times against her wish. It is further
alleged that thereafter, informant’s father-in-law told her to go mother’s
house and told her that he will come to take her. It is further alleged
that thereafter, informant went to stay at her mother’s house and
thereafter applicant-accused and informant’s father-in-law did not keep
any contact with her. Therefore, FIR came to be lodged with police.
4.

Applicant-accused who is husband of informant has contended
that in the 7 years of marriage no such allegation raised by informant.
He has further contended that there is delay of 5-6 months in filing FIR.

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Criminal Bail Application No.123/2022
Applicant-accused has further contended that the version given by
informant under Section 164 Cr.P.C is different from the version given in
FIR. Applicant-accused has further contended that the allegations
against him comes under the exemption 2 of Section 375 of IPC. He has
further contended that he is sole bread earner of the family and prayed
to be released on bail.
5.

Prosecution has submitted that charge-sheet is filed against
accused. Prosecution has further submitted that if accused is released
on bail then he may threaten informant and other witnesses and
objected the bail application.
6.

It is pertinent to see that as per FIR, informant’s mother-in-law
died in the year 2018 and thereafter, it is alleged that between January
2021 to July 2021 applicant’s father-in-law committed rape on
informant repeatedly and informant’s husband i.e. applicant-accused
also committed rape on her frequently. It appears, FIR is filed after
much delay. It appears, in the statement given under section 164 Cr.P.C.
by informant, informant has omitted to state that applicant-accused
committed rape on her. Hence, there is substance in the contention of
learned counsel for accused that there are some omissions in the
statement under section 164 Cr.P.C. of informant. It appears, chargesheet is filed in this case. There are no criminal antecedents of accused
brought on record. Considering such circumstances, it appears, no
purpose is going to be served by keeping accused behind the bar and
charge-sheet is filed against him. Hence, it will be proper to release him
on bail on some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.123 of 2022 is allowed.

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2.

Criminal Bail Application No.123/2022
Accused viz. Mr. Saddam Anwar Sayyed be released on bail on
his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen
Thousand
only), with one or more surety/sureties in the like
amount, in C.R. No.890/2021 for the offence punishable under
Sections 376, 376(2) (n) and 506(2) r/w 34 of IPC registered
with Shivaji Nagar Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused 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 them from disclosing such facts to the court
or any police officer.
(iv) He shall furnish his mobile number, phone number & his all
addresses
including permanent, temporary and postal to the
Investigating Officer and shall not change or discontinue with the
mobile number provided to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses to the Court.
3.

Criminal Bail Application No.123 of 2022 stands disposed of
accordingly.

Dt. 25.01.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 25.01.2022
: 25.01.2022
: 25.01.2022
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Criminal Bail Application No.123/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
27/01/2022 at 11.33 a.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 25/01/2022
Judgment/Order signed by P.O.on
25/01/2022
Judgment/Order uploaded on
27/01/2022
(Court