Cri.Bail Application No.67/2024
..1..

MHCC020004612024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.67 OF 2024
IN
C.R.NO.665 OF 2023
Sandeep Kumar Pritam Yadav
Age 25 Years, Occupation: Chef at Hotel,
Residing at Jai Hanuman Society,
Room No.104, Bhujbalwadi,
Gautam Nagar, Govandi,
Mumbai 400 043.

..Applicant
Vs.
State of Maharashtra
At the instance of Deonar Police
Station vide FIR No.665/2023.

..Respondent
Appearances :Ld. Advocate Mr. Shubham Upadhyay, for the Applicant/ Accused.
Ld. Addl.P.P. Mrs.Meera Choudhari-Bhosale, for the State/
Respondent.
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.665/2023 registered with Deonar Police Station for the offence
punishable under Section 376 of the Indian Penal Code, 1860.

..2..

02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.02. It is adopted by the Ld. Addl.P.P.
Victim has filed say at Exh.03.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the complainant is neighbour of the
accused. The complainant resides with her aunt. The accused is
already married. The complainant had knowledge that the accused
is married. Their sexual relationship was consensual. The accused is
in jail from 21/12/2023. He further submitted that investigation is
over and charge-sheet is filed. He submitted that there are no
criminal antecedents against the accused. He is permanent resident
of Bihar. His local address is at Govandi. The accused is ready to
abide by all terms and conditions imposed by the Court. He has
prayed for grant of bail to the accused.
04.

Per contra, Addl.P.P. and complainant submitted that
the complainant became pregnant because of the accused. In the
toxicology report, the accused has admitted sexual relations with the
complainant. They further submitted that the accused is permanent
resident of Bihar and might not remain present for trial. They
submitted that if the accused is granted bail, there is possibility that
he will threaten the complainant and witnesses, he might not remain
present for trial. They have prayed for rejection of the bail
application.
05.

Perused record. FIR shows that the accused is the
neighbour of aunt of complainant. The accused proposed to the
complainant. The complainant accepted. The complainant has
..3..

categorically mentioned in the FIR that she fell in love with the
accused deeply. On 05/11/2023 at about 2:00 p.m., the accused sweet
talked the complainant and established sexual relations with her in
his room. The complainant became pregnant and accused started
avoiding her. FIR was lodged on 01/12/2023.
06.

Toxicology Report dated 25/12/2023 of the accused show
that the accused had established sexual relations with the
complainant. It is also mentioned that the complainant asked the
accused for marriage but the accused refused as he was already
married. It prima-facie shows complicity of the accused in the
commission of the offence. The accused was already married. Thus,
there was no question of marrying the complainant without first
divorcing his wife. Whether the complainant had knowledge that the
accused was married or not; in other words whether the complainant
relied upon promise of marriage which was false, leading to sexual
relations between them is a question of evidence and can be
adjudicated only after trial. Taking into consideration that the stage
of investigation i.e. charge-sheet is filed, no further investigation is
to be carried out, there is no propriety in keeping the accused behind
bars. Charge-sheet is filed, committed to Sessions Court and
registered as Sessions Case No.168/2024 which is pending in this
Court.
07.

Advocate of the accused relied on the case of Arjun
Gupta Vs. State of Jharkhand reported in LAW (JHAR)-2001-9-37
decided on 14/09/2001, in which it was held that when the accused
and the prosecutrix are indulging in sexual intercourse for a long
..4..

time extending over to weeks together and sometimes for months,
shows the consent of the prosecutrix. In the present case, their sexual
relations only on 05/11/2023. There is no history of sexual relations
spanning for weeks or months. As a facts of the two cases are
different, the above ratio is not applicable.
08.

Further, there are no criminal antecedents of the
accused. The accused is permanent resident of Bihar. To ensure his
presence, certain terms and conditions can be imposed on him. He is
temporarily residing with his brother at Govandi, Mumbai. To
protect the complainant and ensure presence of the accused for trial,
terms and conditions imposed on him while grant of bail. For the
aforesaid reasoning in supra paras, 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 Sandeep Kumar Pritam Yadav be released on bail
in Crime No.665 of 2023 registered with Deonar Police Station
for the offence punishable under Section 376 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
conditionsa) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Deonar Police Station as and when called
by the Investigating Officer upon written notice till
completion of the trial.
c) He shall not contact the complainant, witness and their
family members directly or indirectly by any means till
conclusion of the trial.
d) He shall not upload any video or photographs of the
complainant on Social Media.

..5..

e) He shall not commit any offence in future.
f) He shall not leave India without permission of the Court.
g) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station and in Court.

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

3.

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
..6..

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
29/02/2024
05:13 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