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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1825 OF 2022
(CNR NO. MHCC020099092022)
Mr. Somnath Baburao Angule
) … Applicant / Accused
Versus
The State of Maharashtra
(Through Pant Nagar Police Station)
)
) … Respondent
Ld. Adv. Ashwin Bhagwat for Applicant / Accused.
Ld. APP. Kshirsagar for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO.39)
DATED : 12.08.2022
ORDER
The applicant / accused moved this application under
Section 439 of Code of Criminal Procedure for grant of bail, in Crime
No. 337 of 2022 registered with Pant Nagar Police Station for the
offence punishable under Sections 376, 376 (2)(n) and 506 of the
Indian Penal Code.
2.
The story of the victim is that she is residing with her
husband and brotherinlaw. The applicant / accused is the friend of her
brotherinlaw. He asked the mobile number of the victim. It is alleged
that the applicant / accused repeatedly made phone call to the victim
and continuously saying that he loves her and he cannot live without
her. The victim used to go to Vikhroli for sewing classes and the accused
used to drop her to her house. The husband of the victim picked up
quarrel on the suspicion that the victim is talking with the applicant /
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accused. It is alleged that the applicant / accused by giving promise of
marriage, committed sexual intercourse with her since May 2019 till
February 2022. Out of their relation, the victim begotten a son. It is
alleged that the applicant / accused used to beat up the victim under
the influence of liquor. It is also alleged that the applicant / accused left
the house and started residing at the house of his relative. It is also
alleged that the applicant / accused performed marriage with another
girl. Therefore, the victim by going to police station lodged report. On
that basis, offence came to be registered against the applicant /
accused.
3.
Perused application and Say (Exh. 02). Heard learned
advocate for the accused and learned APP. for the State.
4.
The applicant / accused has submitted that he is falsely
implicated in the present offence. The applicant / accused acquainted
with each other since last so many years. as the victim is aunt of the
accused. The victim herself left the house of her husband and started
residing with the applicant / accused at Ramabai Colony. The
relationship between the applicant / accused and the victim was
consensual. The earlier bail application was rejected on the ground that
the investigation was going on. Now, the investigation is completed and
charge sheet is filed. The applicant / accused is behind the bar since his
arrest. The applicant / accused has no previous criminal antecedents.
He is permanent resident of Mumbai. The applicant / accused is ready
to abide the conditions of bail. Therefore, the applicant / accused prays
for grant of bail.
5.
The Prosecution has resisted the application by filing Say
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(Exh.02). It is submitted that the offence is serious. If the accused is
released on bail, there is every possibility to tamper the prosecution
witness, as the victim and the accused are relatives. The accused also
can threaten or pressurize the victim and other witnesses. Hence,
prosecution prays to reject the application.
6.
It is seen that the earlier bail application of the accused
was rejected on the ground that the investigation was going on. The
prosecution wants to further incarceration of the accused due to the
fear about tampering of the witness. It is seen that the investigation is
completed and charge sheet is filed. The accused is behind the bar since
his arrest. Though the filing of the chargesheet may not amounting to
change in circumstances, but the chargesheet is not committed to this
Court and trial is not commenced yet. The trial would take time for its
conclusion. Under such peculiar circumstances, further incarceration of
the accused would amount to pretrial punishment. Considering the
facts and circumstances, I am inclined to release the accused on bail on
certain stringent conditions. Hence, I proceed to pass following Order :
ORDER
1.
The Bail Application No. 1825 of 2022 is hereby
allowed.
2.
The Applicant / Accused Somnath Baburao Angule
be released on bail, in C.R. No. 337 of 2022 registered by
Pant Nagar Police Station on furnishing P.R. Bond of
Rs. 25,000/ (Rupees Twenty Five Thousand only) with
one or more solvent sureties in the like amount.
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3.
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The applicant shall not enter into the area where
the victim is residing till recording of her evidence.
4.
The Applicant shall not leave India without prior
permission of the Court.
5.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and
Election Card, if any.
6.
The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.
The Applicant is further directed not to tamper
with the prosecution evidence or witnesses.
8.
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.
9.
The Applicant shall regularly attend the case on
each and every date.
10.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for
cancellation of bail.
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11.
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The Provisional cash bail is allowed for three
months.
Anita
Bajranglal
Sharma
Digitally signed by
Anita Bajranglal
Sharma
Date: 2022.08.22
15:35:17 +0530
(A. B. SHARMA)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 12.08.2022.
Dictation Typed on
Checked & Signed on
:
:
12.08.2022.
20.08.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22.08.2022 at 3.40 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 12.08.2022
JUDGMENT/ORDER signed by P.O. 20.08.2022
on
JUDGMENT/ORDER uploaded on
22.08.2022