::1::
Criminal Bail Application No.230/2022
CNR NO.MHCC02-001102-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 230 OF 2022
IN
C.R. NO. 384/2021
Shamim Anisur Shaikh
Aged about 26 years, Occ : Labour
At present R/o. C/o. Fatlu Rehman,
Babasaheb Ambedkar Nagar Zopadpatti,
Khadi Area, Cuffe Parade,
Mumbai – 400 005.

…Applicant/ Accused
Versus
The State of Maharashtra
(At the instance of The Sr. Inspector of
Police Cuffe Parade Police Station, Vide
C.R. No.384/2021)
…Respondent
Appearances:
Advocate Mr. Suhas M. Kharat 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 : 2nd FEBRUARY, 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.384/2021 for the offence
::2::
Criminal Bail Application No.230/2022
punishable under Sections 376(2)(n) and 420 of the Indian Penal Code,
1860 (hereinafter referred to as “IPC”) registered with Cuffe Parade Police
Station.
2.

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

Prosecution has alleged that informant came in Mumbai in search of
job and got acquainted with applicant-accused Shamim. It is further
alleged that thereafter there was love relation between them. It is further
alleged that on 24.09.2021, informant and applicant-accused started
staying together in a rented room. It is alleged that on the same day, at
night applicant-accused gave promise to marry informant and there were
sexual relations between them. It is further alleged that thereafter,
everyday there were sexual relations between them. It is further alleged
that on 12.10.2021, the owner of the room told them to vacate the room
and therefore, they both vacated the room and came at C.S.T. Railway
Station to go to village. Applicant-accused told informant that he is
bringing water bottle and went away and did not return back. Informant
waited for him from 10:30 a.m. to 7:00 p.m. and thereafter she gave FIR
to Police.
4.

Applicant-accused has contended that he had no love relationship
with informant and never had sexual relations with her. He has further
stated that he helped informant financially many times. He has further
stated that he realised that his nature and informant’s nature is different
therefore, they cannot live together and informant had established
relationship with him only to extort money, therefore, he decided to reside
separately. He has further contended that as he himself, was in financial
difficulties, he could not help to informant in future and therefore, he
::3::
Criminal Bail Application No.230/2022
decided to shift informant in her village. Applicant-accused has further
contended that when he was unable to make financial help to informant
and she threatened him that if he refused to marry with her then she will
file false rape case against him and prayed to release him on bail.
5.

Prosecution has submitted that if accused is released on bail, then he
may threaten informant and other witnesses. Prosecution has further
stated that accused is having permanent residence at West Bengal and not
having permanent residence at Mumbai and objected the bail application.
6.

Accused has produced copy of charge-sheet filed by police against
him. Hence, it appears that investigation is substantially complete. There
are no criminal antecedents of accused brought on record. It is a matter of
trial whether accused obtained informant’s consent fraudulently for sexual
relations. It appears, no purpose is going to be served by keeping accused
behind the bar. Considering all circumstances and allegations, it will be
proper to release accused on bail on some conditions. Accused has prayed
for cash bail also. But prosecution has submitted that accused was
searched at Hyderabad, Andhra Pradesh and then he was brought in
Maharashtra and then charge-sheet is filed. Prosecution has submitted that
accused is having permanent residence at West Bengal. Considering such
circumstances, it appears, if he is released on cash security then he may
abscond. Hence, it will not be proper to release him on cash bail
provisionally also. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.230 of 2022 is partly allowed.

2.

Accused viz. Shamim Anisur Shaikh 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.384/2021 for the offence punishable under Sections 376(2)(N)
::4::
Criminal Bail Application No.230/2022
and 420 of IPC registered with Cuffe Parade 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) In case accused travels out of Mumbai then he is directed to
give intimation of his address and mobile number of the place he is
visiting to the Investigating Officer till disposal of the case.
(iv) 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.
(v) 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.230 of 2022 stands disposed of
accordingly.

Dt. 02.02.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 02.02.2022
: 02.02.2022
: 02.02.2022
::5::
Criminal Bail Application No.230/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
03/02/2022 at 1.15 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 02/02/2022
Judgment/Order signed by P.O.on
02/02/2022
Judgment/Order uploaded on
03/02/2022
(Court