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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1581 OF 2022
(CNR NO. MHCC020094592022)
Mr. Shivkumar Chaudhari
) … Applicant /
Original Accused
Versus
State of Maharashtra
(Through N.M. Joshi Marg Police Station)
)
) … Respondent
Ld. Adv. Gaurav Gokhale for Applicant / Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO.39)
DATED : 21.07.2022
ORDER
The applicant / accused moved this application under
Section 439 of Code of Criminal Procedure for grant of bail, in Crime
No. 101 of 2022 registered with N. M. Joshi Marg Police Station for the
offence punishable under Sections 376, 417, 494, 495 and 506 of the
Indian Penal Code.
2.
The informant / victim lodged report alleging therein that
she and her mother were working in NGO which provides financial help
to the Cancer Patients and also providing work to the family members
of Cancer patients, for their rehabilitation. The father of the victim
being Cancer patient, she and her mother were associated with the said
NGO. It is alleged that in July2020, due to the Covid19, they started
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residing at the place of work. The Accused was working as a Driver on
Ambulance. It is further alleged that when they started residing in the
office she used to take bath in the bathroom available in the office and
in October2020 the Accused pointed out the video which he had
captured while she was bathing in the office, without her knowledge.
He gave threats to act as per his instructions otherwise, he will circulate
the said video to her family members. It is also alleged that then the
Accused called the victim in the Department Office and forcibly
committed sexual intercourse. It is further alleged that by giving threats
of circulating the video, he repeatedly committed sexual intercourse on
different places against the wish of the victim. It is alleged that on
19.01.2022, the Accused threatened to circulate her video and forcibly
performed marriage with the victim against her wish and took her with
him at Virar. It is further alleged that when Accused was sleeping, there
was phone call on his mobile. She attended the said phone call. At that
time, one lady called and introduced herself as his wife and shared the
photographs of her marriage. Therefore, the victim brought the said fact
to the notice of her mother. When the mother and victim confronted
about the said fact the Accused, he failed to give photographs and
documents as regards to the marriage of victim with the Accused.
Therefore, on 22.01.2022 by going to police station, the victim lodged
report against the accused and the offence came to be registered against
him.
3.
Perused application, Say (Exh. 02) and copy of charge
sheet. Heard learned advocate for the accused and learned APP for the
State.
4.
The Applicant /Accused raises the ground that he is falsely
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implicated in the present offence as there was love affair between the
victim and the accused / applicant. The accused used to spend money
on the victim and her mother. There are inordinate delay in lodging
FIR. The accused has no previous criminal antecedents. The victim and
the accused are legally wedded. So, Section 376 of the Indian Penal
code is not attracted in this case. The previous bail application of this
accused was rejected by this Court on the ground that investigation was
going on. The accused is permanent resident of Mumbai. The accused is
arrested on 26.03.2022. Now, the investigation is completed and
Chargesheet is filed. The Applicant / accused is ready to abide the
conditions of bail. Therefore, he prays to release on bail.
5.
The Prosecution has resisted that application by filing Say
(Exh. 02). It is submitted on behalf of the prosecution that the offence is
serious. If the accused is released on bail, then there is every possibility
that accused will tamper the prosecution evidence and will threaten the
victim and other prosecution witnesses. The accused is not permanent
resident of Mumbai, if he will abscond and not remain present during
trial after getting bail. Hence, prosecution prays to reject the bail
application.
6.
It is seen from the contents of FIR that since 2019 to 2022
the victim and the accused were having relation. It is also seen that they
have performed marriage. It is also seen that after two days of the
marriage the report came to be lodged. It appears that the accused and
the victim were working at the same place and it is highly impossible
that victim did not get information about the first marriage of the
accused. Therefore, primafacie the victim appears to be a consenting
party. The first bail application of accused was rejected on the ground
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that the investigation was in progress. Therefore, the Court has shown
its disinclination to grant bail. Now, the investigation is completed and
Chargesheet is filed. The accused is behind the bar since his arrest. As
the chargesheet is filed, now nothing has to be recovered from the
accused. The Chargesheet is yet not committed to this Court. Looking
to the filing of Chargesheet, I am of the considered view that further
incarceration of the accused shall amount to pretrial punishment.
Therefore, he deserves to be released on bail. So far as the fear of the
prosecution, in respect of the tampering of the prosecution witnesses is
concerned, certain conditions may be imposed while releasing him on
bail. Hence, I proceed to pass following Order :
ORDER
1.
The Bail Application 1581 of 2022 is hereby
allowed.
2.
The applicant / accused Mr. Shivkumar
Chaudhari be released on bail, in C.R. No. 101 of
2022 registered by N.M. Joshi Marg Police Station on
furnishing P.R. Bond of Rs. 25,000/ (Rs. Twenty Five
Thousand only) with one or two solvent sureties in the
like amount.
3.
The Applicant shall not leave India without
prior permission of the Court.
4.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and
Election Card, if any.
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The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
6.
The Applicant is further directed not to tamper with
the prosecution evidence or witnesses.
7.
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 him from
disclosing such facts to the Court or to the Police Officer.
8.
The Applicant shall regularly attend the case on each
and every date.
9.
The Applicant is further directed not to visit the
place where the victim and Prosecution witnesses are residing
or to contact them in any manner.
10.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for cancellation
of bail.
11.
The Provisional cash bail is allowed for Three
months.
Date : 21.07.2022.
Dictation Typed on
Checked & Signed on
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
:
:
21.07.2022.
21.07.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.07.2022 at 5.18 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. A. B. SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 21.07.2022
JUDGMENT/ORDER signed by P.O. 21.07.2022
on
JUDGMENT/ORDER uploaded on
21.07.2022