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Criminal Bail Application No.733/2022
CNR NO. MHCC02-004215-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.733 OF 2022
IN
C.R. NO. 643 OF 2021
Siraj @ Raju Ansari
Aged – 38 years, Occupation – Labour
Residing at Bainganwadi Shivaji Nagar,
Govandi [West], Mumbai – 400 043.

…Applicant
Versus
The State of Maharashtra
(At the instance of Mankhurd Police
Station, in C.R. No.643/2021)
…Respondent
Appearances:
Advocate Mr. Bhimrao A. Tayade for the applicant/Accused.
APP Karwate for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 11th APRIL, 2022.
:ORDER:
This is 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.643/2021 for the
offence punishable under Sections 376 and 376(n) of the Indian Penal
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Criminal Bail Application No.733/2022
Code, 1860 (hereinafter referred to as “IPC”) alongwith sections 67 and
67(A) of The Information Technology Act 2000 (hereinafter referred to
as “I.T.” Act”) registered with Mankhurd Police Station.
2.

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

Prosecution has alleged that informant was staying with her
husband and children. She had poor financial condition. Accused is her
neighbor. He gave her Rs.15,000/- as help. It is further alleged that
after some days, accused told informant that he likes her and cannot
stay without her. Informant tried to go away from him but informant
could not return back his money therefore, she continued talking with
him. He was demanding continuously money from her on phone. It is
further alleged that when informant was alone at home accused came
and told her that he is supported her in her bad time and therefore, she
should give him what he wants and without her consent he had sexual
relations with her. It is alleged that after some days accused told
informant that there is work for her and called her and took her to his
friend’s house. He told her that if she listens to him then she will not be
required to repay his money and taking disadvantage of her need had
sexual relations with her. It is further alleged that thereafter many times
accused without consent of informant had sexual relations with her. It is
further alleged that accused did video shooting of such sexual relations.
It is further alleged that informant told about it to her sister and then
informant returned back Rs.15,000/- by taking some money from her
sister. It is further alleged that after two months again accused started
calling her. Informant told him that she has returned back his money
therefore, not to call her again. But accused called her and told her that
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Criminal Bail Application No.733/2022
he is having video of sexual relations between them and her nude
photos and send it her husband and children and make them viral on
internet if she does not come to meet him. To confirm that he sent her
video of sexual relations and nude photos to her. It is further alleged
that thereafter accused was giving her threats frequently that he will
make her videos and photos viral and pressurising her to keep sexual
relations with him, and therefore, FIR came to be lodged against him.
4.

Applicant-accused has contended that informant took money
from him saying that she will return back and when he demanded
money back she got angry and filed false case against him. Applicantaccused has further contended that he and informant had love affair
and she with her own wish gone to his house many times and had
sexual relations with him and she was ready to marry with him.
Applicant-accused has further contended that he is only earning
member of his family and prayed to be released on bail.
5.

Prosecution has submitted that if accused is released on bail then
he may threaten informant and other witnesses and accused may
abscond and objected the bail application.
6.

Prosecution has alleged that informant had poor financial
condition and accused gave money to informant. It is alleged that
informant was unable to return back money that time by taking
disadvantage of her such poor condition accused had sexual relations
with informant and also did video recording and took nude photos of
informant. It is alleged that after informant returned back money she
told him not to call her but thereafter, accused continuously gave her
threats to make her photos and videos viral if she does not continue
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Criminal Bail Application No.733/2022
sexual relations with him. Accused has contended that he had love
relation with informant and informant does not want to return back his
money therefore, this false FIR is filed. If informant is having love affair
with accused and she has taken money from him then generally
informant will request for more time from accused to return back
money and why will file false case against her lover. Hence, prima
faciely at the stage of investigation it appears that accused gave threats
to informant to make her videos and nude photos viral to have sexual
relations with her. At this stage prima faciely it appears by taking
disadvantage of informant’s poor financial condition
he had sexual
relations with her. It appears, matter needs to be investigated. If at this
stage accused is released on bail then there is every possibility that he
will threaten informant and lure prosecution witnesses. Hence, it
appears, it will not be proper to release accused on bail at this stage.
Hence, pass following order:
ORDER
1.

Criminal Bail Application No.733 of 2022 is rejected.

2.

Criminal Bail Application No.733 of 2022 stands disposed of
accordingly.

Dt. 11.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 11.04.2022
: 11.04.2022
: 11.04.2022
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Criminal Bail Application No.733/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
18/04/2022 at 05.37 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 11/04/2022
Judgment/Order signed by P.O.on
11/04/2022
Judgment/Order uploaded on
18/04/2022
(Court