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Cri. B.A. No.1388/2022
(CNR NO. MHCC02-007640-2022)
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1388 OF 2022
IN
C.R.NO. 552 OF 2022
Shakil Salim Ahmed Shaikh
Age: 33 yrs. Occ:
Residing at: Room No.16,
Milan Chawl, 3rd Road,
Golibar, Santacruz (East),
Mumbai 400 051
..Applicant
Vs.
The State of Maharashtra
(Through Nirmal Nagar Police Station,
Mumbai in C.R.No.552/2022)
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. MADHURI M. DESHPANDE
(Court Room No.41)
DATE : 01st August, 2022.
Adv. Khalis Shaikh for Applicants.
APP Choudhary for the State.

ORDER
1]
This is an application filed by the applicant under
Section 439 of the Code of Criminal Procedure, praying for
releasing him on bail in connection with C.R. No.552/2022
registered with Nirmal Nagar Police Station, Mumbai under
Sections 376(2)(n), 313, 420, 509, 323, 504, 506 of the Indian
Penal Code.

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2]
Prosecution story in short is that, complainant Shahin
Imran Ansari lodged report to Nirmal Nagar Police Station interalia contending that, the accused during the period from Agust
2017 to December 2021 committed forcible physical sexual
intercourse with her repetedly at different palces against her will
without her consent. When she was preganant accused aborted
her baby without her consent, and has taken huge amount from
her. The accused beat her, abused her, and threated her. On these
allegations complainant lodged report and an offences punishable
under sections 376(2)(n), 313, 420, 509, 323, 504, 506 of the
Indian Penal Code came to be registered against the accused vide
crime No.552/2022.
3]
The contention of the accused/applicant is that, he is
innocent and has been falsely implicated in the present case, the
allegations made in the FIR are related to the facts way back in the
year 2017 and therefore, the veracity of allegations made therein
after lapse of 5 years does not inspired any confidence. The
applicant and complainant had a mutual love and affection
relationship with each other for a limited period and they later
broke-up. The complainant was major and she was a consenting
party to the mutual love relationship. The applicant is permanent
residence of address in the cause title and if released on bail there
is no chance of absconding or tampering prosecution evidence.
There are dependents on the applicant and severe prejudice and
injustice would be caused to the applicant and his family members.
He has no criminal antecedents.

He is ready and willing to co-
operate with the police machinery as and when called. He will not
tamper with the prosecution witnesses and he will not pressurize
or give any false assurance to any of the witnesses. He is ready
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Cri. B.A. No.1388/2022
and willing to abide by any terms and conditions imposed by the
Court. Lastly, he prayed to release him on bail.
4]
The prosecution has opposed the application by filling
say at Exh.2 on the ground that, the offence is serious in nature. If
he is released on bail, he will presurize the prosecution witnesses
and complainant. The accused cheated the complainant and the
statement of complainant under section 164 of Cr.P.C. is yet to be
recorded. He will not co-operate with the investigation agency.
The investigation is in progress. Hence, it prayed to reject the
application.
5]
Heard learned A.P.P for the State and learned counsel for the
accused. Gone through the record and affidavit-in-reply on behalf
of complainant at Exh.3.
6]
In
view
of
these
facts,
following
points
arise
for
determination and findings thereon are recorded against each of
them, for the reasons stated below :
Sr.
No.

POINTS
FINDINGS
1) Whether the accused is entitled for bail ?
2) What order ?

Yes.
As per final order.

REASONS
Point No.1 :7]
On perusal contains on FIR it appears that the period
for which accused and complainant had physical relationship is
from 01.08.2017 to 31.12.2021
FIR is lodged on 24.05.2022.

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There is huge a delay in lodging of the FIR. The complainant is
aged about 33 years and the accused aged about 33 years. The
complainant is major, and educated working lady.

The first
incident of physical relation, between them is taken place on
01.08.2017 and last incident is taken place in March, 2021. There
is huge delay from the first incidnent and last incident. The
complainant aged about 33 years. She is major, educated married
lady, and she resides with her husband and son. The accused is
arrested as on 27.05.2022 since then he is in jail. Prosecution has
not prayed for further detention of the accused for further,
investigation is almost over. Apprehension of the prosecution is
only that, if he is released on bail he will presurise the prosecution
witnesses and complainant. Apprehension of the prosecution can
be taken care of by imposing certain stringent condiitons. The
investigation is over and chargesheet is already filed. Therefore no
purpose will be served by keeping the accused behind the bar.
Trial will not commence soon.
8]
Considering these facts and circumstances of the
present case, I am of the view that, it will be just and proper to
allow this application and to release the applicant on bail imposing
some conditions. Hence, the following order :ORDER
1)
Cri. Bail Application No.1388 of 2022 is allowed.

2)
The applicant Shakil Salim Ahmed Shaikh be released on bail
for the offence punishable under sections 376(2)(n), 313,
420, 509, 323, 504, 506 of the Indian Penal Code in crime
No.552/2022 registered with Nirmal Nagar Police Station,
Mumbai, on P.R. Bond of Rs.30,000/- with one or two solvent
sureties in like amount, on the following conditions :-
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3)
Cri. B.A. No.1388/2022
a)
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 them from
disclosing such facts to the Court or to any police officer.

b)
The applicant shall not leave India without permission of
the court.

d)
The applicant shall furnish his permanent address and
temporary address, if any, and her contact details to the
concerned Court.

e)
The applicant shall not change his residential address
without prior intimation to the Investigation Officer and
to the concerned Court.

g)
The applicant shall not talk with the complainant
personally or by any electronic mode till conclusion of
trial.

g)
The applicant shall not enter the vicinity where
complainant resides or works.

h)
If the applicant disobeyed any of the above condition,
the prosecution is at liberty to move the Court for
cancellation of bail.

Bail before lower Court.

4) Criminal Bail Application No. 1388 of 2022 is hereby disposed
off accordingly.
MADHURI
MILIND
DESHPANDE
01/08/2022
Date of Dictation
: 01/08/2022
Date of Transcription : 01/08/2022
Date of signature
: 01/08/2022
Digitally signed
by MADHURI
MILIND
DESHPANDE
Date: 2022.08.01
17:47:46 +0530
(Mrs. Madhuri. M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
01/08/2022
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Name of the Judge (With Court Room No.)

Mr. A. S. PATIL
HHJ Mrs. Madhuri
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Date of Pronouncement of JUDGEMENT
/ORDER
01/08/2022
JUDGEMENT /ORDER signed by P.O. on
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