MHCC020041152024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.641 OF 2024
IN
C.R.NO.20 OF 2024
Tufail Ahmad Khan
Age 32 Years, Occupation: Labour,
Residing at R.No.488, Jai Santoshi Mata
Nagar, Before Himalaya Society Hill No.2,
Asalfa, Ghatkopar (W), Mumbai.
Presently in Judicial Custody.
Vs.
The State of Maharashtra
[At the instance of Senior Inspector
of Ghatkopar Police Station]
To be served through Public Prosecutor,
Sessions Court, Mumbai.
..Applicant
..Respondent
Appearances :Ld. Advocate Mr. Sumedh Jagtap, for the Applicant/Accused.
Ld.A.P.P.Mrs.Meera Choudhari-Bhosale, for the State/ Respondent.
Ld. Advocate Mr. Afaf K. Shaikh, for the Intervener.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 15TH APRIL, 2024
ORDER
01.
The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.20/2024 registered with Ghatkopar Police Station for the offence
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punishable under Sections 376(2)(n), 509, 506 and 506-II of the
Indian Penal Code, 1860.
02.
Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P. Ld.
Advocate for the Intervener has filed intervention application at
Exh.3 and complainant has filed say at Exh.5.
03.
Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the accused is falsely implicated. The
relationship between complainant and the accused is purely
consensual in nature and no force was applied. The accused was
arrested on 05/01/2024. Charge-sheet is filed. He submitted that there
are no criminal antecedents against the accused. He is permanent
resident of Mumbai. Continued incarceration is not required. He is
ready to abide by all terms and condition imposed by the Court. He
has prayed for grant of bail to accused.
04.
It is the contention of Ld. Addl.P.P and Advocate of the
Intervener that the offence is serious in nature. She submitted that
the investigation is complete. Charge-sheet is filed. Mobile is
recovered from the accused. Statement of complainant under section
164 of the Code of Criminal Procedure, 1973 is recorded. If the
accused is granted bail, there is possibility of the accused absconding
or remaining absent for trial and tampering with evidence. They
have prayed for rejection of the application.
05.
Perused record. FIR shows that the accused is the friend
of ex-husband of the complainant. The complainant has taken a
divorce and the accused used to visit her house. In December 2022,
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the accused threatened to kill the children of the complainant and
forcibly established sexual relations with her. In February 2023, the
accused told the complainant that he has taken her nude photos and
videos on his mobile. He threatened to viral the same and took the
complainant to a lodge at Govandi and forcibly established sexual
relations with her. FIR was lodged on 05/01/2024.
06.
It is pertinent to note that the first incident of forcible
sexual relations took place in December 2022 and last incident of
forcible sexual relations took place in February 2023. FIR is lodged
on 05/01/2024 i.e. almost after 11 months of the last incident. The
complainant has given any reason for remaining silent for such a
long period. At this stage, the investigation is complete. Chargesheet is filed. Sessions Case No.274/2024 is pending in this Court.
The Mobile phone allegedly containing the objectionable photos and
videos of the complainant is seized. Thus, continued incarceration of
the accused would not serve any purpose.
07.
Further, there are no criminal antecedents attributed to
the accused. The accused is permanent resident of Mumbai. To
protect the complainant and ensure presence of the accused for trial,
terms and conditions can be imposed on him while granting bail. For
the aforesaid reasoning, it is found fit to grant bail to the accused by
imposing certain terms and conditions. Hence, the orderORDER
1.
The Criminal Bail Application is allowed.
2.
The accused Tufail Ahmad Khan be released on bail in
Crime No.20 of 2024 registered with Ghatkopar Police Station for
the offence punishable under Sections 376(2)(n), 509, 506 and 506II of the Indian Penal Code, 1860 on executing P.R. Bond of
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Rs.50,000/- with one or more surety/sureties in like amount, on the
following conditions :a)
He shall not tamper with prosecution witnesses
and evidence.
b)
He shall attend Ghatkopar Police Station as and
when called by the Investigating Officer on
written notice till conclusion of the trial.
c)
He shall not commit any offence in future.
d) He shall not contact the complainant, witness and
their family members directly or indirectly by any
means till conclusion of the trial.
e)
He shall not upload any video or photographs of
the complainant on Social Media.
f)
He shall not leave India without permission of the
Court.
g)
He shall furnish his permanent and temporary
address, if any, and his contact details to the
concerned police station.
h) He shall not change his residential address
without prior intimation to the Investigation
Officer and to the concerned Court.
3.
Breach of any condition would entail cancellation of bail.
Date:15/04/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
15/04/2024
04:42 P.M.
Name of the Judge
(With Court Room No.)
Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
15/04/2024
ORDER signed by P.O. on
15/04/2024
ORDER uploaded on
15/04/2024