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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1204 OF 2022
(CNR NO. MHCC02-006581-2022 )
Tatya @ Anil Shahu Chavan
)… Applicant / Accused
Versus
The State of Maharashtra
(Through RCF Police Station)
)
) … Respondent
Ld. Adv. Yash Vora for Applicant / Accused.
L Adv. Pranita Sakpal for Intervener
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA
(C.R. NO. 39)
DATED : 23.06.2022
ORDER
1.
Applicant/accused moved the application under section
439 of Criminal Procedure Code in Crime No.288/2022, for the offence
punishable under section 376, 354, 354(A), 354(D), 323, 504 and 506
of the Indian Penal Code registered with police station R.C.F.
2.
victim.
Perused the application, say and affidavit filed by the
Heard
the
learned
advocate
appearing
applicant/accused and learned A.P.P. for the State.
on
behalf
of
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3.
2
The informant/victim lodged report on 28.04.2022 alleging
therein that she is working as Bar Singer since last 15 years and prior
three years she got acquainted with the accused and having friendly
relation. They have exchanged their cell numbers. Since 03.04.2022 to
21.04.2022 the victim was at her native place at Rajasthan and she did
not pick up the calls of the accused so he got annoyed, therefore, after
returning the victim to Mumbai, the accused on 24.04.2022 went
outside with the victim for roaming and on 25.04.2022 on the pretext of
dropping her to her house at about 4.00 am demanded sexual favours
from the victim. When she refused, the accused torn her clothes and
thereby outraged her modesty. It is further alleged that on 26.04.2022
when she went for dinner alongwith her friend at Kurla, that time the
accused came there and abused her and her friend and threatened
them. Therefore, she lodged report against the accused. Initially the
offence under section 354, 354 (A), 354(D), 504, 506 of the Indian
Penal Code came to be registered against the accused, but after
recording of statement of the victim under section 164 of the Code of
Criminal Procedure, section 376 of the Indian Penal Code was added.
4.
The applicant/accused claims bail on the ground that he is
innocent and falsely implicated in this case. The applicant/accused and
the victim are in the relationship since last three and half years. He
further submits that the report lodged by the victim on 25.04.2022
nowhere indicates that he has committed any sexual assault upon her.
He further submits that the issue between him and victim is settled
now. And during mean time the FIR came to be registered against the
accused. The FIR nowhere whisper about the alleged rape. The
applicant/accused is behind the bar since more than one month. The
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material
investigation
3
is
over
and
further
detention
of
the
applicant/accused is not required. The applicant/accused is permanent
resident of Mumbai. The applicant is ready to abide by all the
conditions. Therefore, he prays to release the applicant on bail.
5.
Per contra, the learned A.P.P. strongly opposed the
application on the ground that the offence is serious and strong prima
facie case is made out against the accused. The investigation is in
progress. It is further submitted that if the accused is released on bail,
then there are possibility of tempering of the prosecution witnesses.
Therefore, the prosecution strongly objected for release of Accused on
bail.
6.
The victim has filed on record an affidavit stating that the
matter is settled between the accused and herself. She has lodged report
against the accused due to misunderstanding. The Say filed by
prosecution goes to show that the investigation is going on and accused
can tamper the prosecution witnesses and also possibility of his
absconding if he is released on bail. It is seen that the statement of the
informant under section 164 of the Code of Criminal Procedure has
been recorded. It is also seen that the material investigation in respect
of this applicant has been completed and longer detention of the
applicant is not required as nothing has to be seized from him. So far as
the fear of the prosecution in respect of the tempering of the witnesses
is concerned, care should be taken by imposing certain conditions on
the applicant/accused while enlarging him on bail. Hence, I proceed to
pass the following order.
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ORDER
1.
The Bail Application No. 1204/22 is hereby allowed.
2.
The Applicant / Accused Tatya @ Anil Shahu Chavan
be released on bail, in C.R. No. 288 of 2022 registered by RCF
Police Station on furnishing P.B. and S.B. of
Rs. 25,000/
(Rs. Twenty Five Thousand only) with one or two solvent
sureties in the like amount.
3.
The Applicant shall remain present on each and
every date without fail.
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
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disclosing such facts to the Court or to the Police Officer.
9.
The Applicant is further directed not to visit the
place where victim and Prosecution witnesses are residing or
to contact them.
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 Eight weeks.
Date : 23.06.2022.
Dictation Typed on
Checked & Signed on
(A.B.SHARMA)
Additional Session Judge,
City Civil & Sessions Court,
Greater Bombay.
: 23.06.2022.
: 24.06.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24.06.2022 at pm
UPLOAD DATE AND TIME
(Samruddhi Jadhav)
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 23.06.2022
JUDGMENT/ORDER signed by P.O. 24.06.2022
on
JUDGMENT/ORDER uploaded on
24.06.2022
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