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BA No.69/2024
MHCC020004692024
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.69 OF 2024
Swapnil Santosh Patole
Aged about 20 years, Occ. : Service,
R/o. Near Saibaba Mandir, Old Barack
No.4/15, Mulund Colony, Guru
Govindsing Marg, Mulund (West),
Mumbai400 082
..Applicant
V/s.
State of Maharashtra
(At the instance of Mulund
Police Station, Mumbai in
C.R. No.672/2023).
..Respondent
Appearance :
Advocate Mr. Hema Kharvi for the applicant.
APP Mrs. Rashmi Tendulkar for the respondent/State.
Advocate Vishwala Kadlak for the intervener.
CORAM : HHJ SHRI N.G. SHUKLA,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 29.
DATED : 16/01/2024
ORDER
(Dictated and pronounced in open Court)
1.
Applicantaccused who is arrested in Crime No.672/2023 for
the offence punishable under Sections 376(1), 376(2)(n), 417, 506 of
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BA No.69/2024
Indian Penal Code has filed this application for bail under Section 439 of
The Code of Criminal Procedure. Prosecution filed say at Exh.2 and 6 and
opposed the application.
2.
Advocate Vishwala Kadlak for informant/intervener filed
affidavit of informant at Exh.5 to the bail application.
3.
I have heard learned Advocate Hema Kharvi for applicant, Ld.
APP Rashmi Tendulkar for State and Ld. Advocate Vishwala Kadlak for
informant.
4.
As per the allegations in FIR, accused was having love affair
with the informant since Navratri Festival of the year 2022 and in July
2023, he committed rape on the informant under false promise of
marriage. Because of the said sexual relations, informant was pregnant.
Afterwards, accused avoided to perform the promise of marriage.
Informant told to her uncle and aunt about all this and on their advise
lodged report for the alleged offence against the accused.
5.
It appears from reply of police that, the accused is arrested on
28.11.2023. Statement of informant under Section 164 of Cr.P.C. is yet to
be recorded. On last date though hearing was concluded, but matter was
adjourned for order as statement of informant was not recorded. The report
at Exh.6 shows that statement of informant under Section 164 of Cr.P.C. is
not yet recorded. However, the affidavit given by informant at Exh.5 shows
that she has settled dispute and wanted to marry with the informant.
Advocate for informant submitted that the informant and accused are
major and their relatives have arranged marriage in the next week.
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6.
BA No.69/2024
I had verified the informant present in the Court at the time of
hearing of present application. She admitted contents of affidavit Exh.5 and
submitted that, she is going to marry with accused.
In view of these
circumstance and as the accused is behind bar since last 2 months, he is
entitled to be released on bail with conditions. In the result, I pass
following order :
ORDER
1. Bail Application No.69/2024 is allowed.
2.
Applicant/accused
Swapnil
Santosh
Patole
arrested
in
Crime
No.672/2023 for the offence punishable under Sections 376(1), 376(2)(n),
417, 506 of Indian Penal Code of Mulund Police Station be released on bail
on executing PR Bond of Rs.25,000/ and surety bond of like amount on
following conditions
i.
Applicant/accused shall not tamper the evidence and not pressurize
or give threat to the informant.
ii.
Applicant/accused shall not leave Mumbai without prior permission
of this Court.
iii.
Applicant/accused shall attend the concerned police station as and
when called and to cooperate in remaining investigation.
3. Bail Application No.69/2024 disposed off accordingly.
Date : 16/01/2024
(N.G. Shukla)
Additional Sessions Judge,
City Civil and Sessions Court,
Greater Bombay
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BA No.69/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer
Upload date and time
Name of the Judge
: Mrs. Shravanti Karre
: 17th January, 2024 (At 05.40 pm.)
H.H.THE ADDL. SESSIONS JUDGE
SHRI N. G. SHUKLA (C.R.No.29)
Date of Pronouncement of Order 16th January, 2024
Order signed by P.O. on
16th January, 2024
Order uploaded on
17th January, 2024