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Criminal Bail Application No.1011/2022
CNR NO. MHCC02-005687-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1011 OF 2022
IN
C.R. NO. 12 OF 2022
Saif Abrar Khan
Aged: 35 years, Indian Inhabitant,
Occupation:—Residing at: Bld. No.112/B,
Collector Colony, Chembur, Mumbai.

…Applicant/Orig. Accused
Versus
The State of Maharashtra
(At the instance of Vinobha Bhave Nagar
Police Station, Mumbai, vide CR No.
12/2022)
…Respondent/ Orig.
Complainant.

Appearances:
Advocate Mr. Imran Sheikh for the applicant/accused.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 4th MAY, 2022.
:ORDER:
This is an bail application filed by accused under section 439 of
the Code of Criminal Procedure 1973 (hereinafter referred to as
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Criminal Bail Application No.1011/2022
“Cr.P.C.”) for grant of regular bail in connection with Crime No.12/2022
for the offence punishable under Sections 376 and 506 of the Indian
Penal Code, 1860 (hereinafter referred to as “IPC”) registered with
Vinobha Bhave Nagar Police Station.
2.

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

Informant has stated that she is having husband and two
children. She has further stated that 17.05.2021, accused took her to a
lodge and had sexual relations with her. She has further stated that
accused was giving her threats to make informant’s photos viral and
against her wish accused had sexual relations with her and therefore,
FIR came to be lodged with police.
4.

Applicant-accused has contended that he is falsely implicated in
this case. Applicant-accused has further contended that prosecution
story is very weak in nature and he is likely to be acquitted and prayed
to be released on bail.
5.

Prosecution has stated that charge-sheet is filed against accused.

They have further stated that accused got acquainted with victim
through mobile and then gave threats to make the photos viral and had
sexual relations with her. They have further stated that accused is from
Uttar Pradesh and not having permanent address in Mumbai and
objected the bail application.
6.

Accused has produced copy of charge-sheet. In such charge-sheet
copy of statement of victim i.e. FIR is filed. In the FIR it is alleged that
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Criminal Bail Application No.1011/2022
on WhatsApp accused told her that he likes her and want to marry her
and gave her threats that if she does not love him then he will defame
her. It is further alleged that on phone accused threatening her and told
her to come with him in lodge and accordingly she went in lodge with
him. It is alleged that in the lodge he had sexual relations with her and
while doing so he took her photos in mobile. It is alleged that by giving
threats to make her photos viral again he had sexual relations with her.
Prosecution has already submitted that they have seized mobile and
clothes of accused. Learned counsel for accused has contended that
informant was talking with accused on WhatsApp and on her own she
went to lodge with him and it shows prima faciely the allegations are of
consensual relations. Considering the circumstances that informant is
already married and merely on say that she will be defamed she went
first time to lodge with accused and accused had sexual relations with
her, therefore, possibility cannot be ruled out that there was consensual
relations between applicant and informant. It is a matter of trial
whether such relations were with or without consent of victim.
Chargesheet is filed. There are no criminal antecedents of accused
brought on record. Hence, it will be proper to release accused on bail on
some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.1011 of 2022 is allowed.

2.

Accused viz. Saif Abrar Khan 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.12/2022 for the offence punishable under Sections
376 and 506 of IPC registered with Vinobha Bhave Nagar Police
Station on the following conditions:
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Criminal Bail Application No.1011/2022
(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) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue
with the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
3.

Criminal Bail Application No.1011 of 2022 stands disposed of
accordingly.

Dt. 04.05.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 04.05.2022
: 04.05.2022
: 04.05.2022
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Criminal Bail Application No.1011/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
11/05/2022 at 01.18 p.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 04/05/2022
Judgment/Order signed by P.O.on
04/05/2022
Judgment/Order uploaded on
11/05/2022
(Court