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Criminal Bail Application No.914/2022
CNR NO. MHCC02-005082-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.914 OF 2022
IN
C.R. NO.165 OF 2022
Usama Mohammad Ayyub Shaikh
Age: 22 years, Occupation: Service
Indian Inhabitant,
Permanently residing at Room No.9 LIG
Colony Building No.49, Vinoba Bhave
Nagar, Abdul Latif Sir Chowk, Kurla West,
Mumbai – 400070.

…Applicant/Accused
Versus
State of Maharashtra
(At the instance of V.B. Nagar Police
Station, vide their C.R.No.165 of 2022)
…Respondent.

Appearances:
Advocate Mr. Wahab Khan along with Advocate Chawla for the
applicant/Accused.
Advocate Saba S. Khan for intervener.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.

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Criminal Bail Application No.914/2022
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 28th 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.165/2022 for the offence
punishable under Sections 498(A), 377, 342, 323, 504 and 506 read with
34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”)
registered with V.B. Nagar Police Station.
2.

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

Prosecution has alleged that informant and accused had love
marriage on 01.01.2022. It is further alleged that after marriage informant
was staying at her matrimonial house. It is further alleged that accused
used to beat informant and he was not allowing informant to go out of
house. He was threatening informant that she should tell her father to
transfer the hotel in his name. It is further alleged that accused used to
have sexual relations and unnatural sex with informant though she was ill
or not willing to do the same. It is further alleged that accused was telling
informant to bring money and on her refusal for the same he used to beat
and abuse her. It is further alleged that on 11.04.2022, informant told her
brother on phone about the same stating that if she is not rescued from
matrimonial home, then she will do something bad to her life and then her
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Criminal Bail Application No.914/2022
brother came with police to matrimonial home of informant and she was
rescued and therefore, FIR came to be registered with police.
4.

Applicant-accused has contended that they performed their marriage
as per Muslim Rites and Customs and made affidavit stating that they got
married with their own will. Applicant-accused has further contended that
informant was residing in the same house as that of applicant until filing of
FIR. Applicant-accused has further contended that first informant’s brother
took police to the house of applicant on 11.04.2022 and the first informant
was in the house even at that time. Applicant-accused has further
contended that informant never complained of any ill-treatment at the
hands of applicant or his family members. Applicant-accused has further
contended that when he knew that informant had ran away from her
house and got married to him against the wishes of her family members,
then there cannot be any demand of dowry. Applicant-accused has further
contended that informant was in constant touch with her family members
through her mobile phone and even visited them on one occasion after
marriage. Applicant-accused has further contended that informant’s family
has coerced informant to file a false complaint against applicant and inlaws. Applicant-accused has further contended that he works in a hotel and
is a breadwinner for his family and prayed to be released on bail.
5.

Informant has appeared as intervener in this case and stated that if
accused is released on bail then he may escape from this country as father
of applicant-accused is currently residing at Dubai. She has contended that
as far as Exh.“E” i.e. photos are concerned they were taken under force by
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Criminal Bail Application No.914/2022
the applicant and it was posted with intent to hide the harassment done to
informant. She has further stated that applicant is having custody of
intimate photos of informant and still they yet to be recovered. She has
further stated that statement u/s. 164 Cr.P.C. is yet to be recorded. She has
further stated that her nude photographs were taken after administering
stupefying substance with threat that if she does not agree to the demand
of applicant then she will be defamed in the society and applicant will also
pronounce divorce to her. She has further stated that mobile phone are yet
to be recovered in which photos were taken and objected the bail
application.
6.

Prosecution has filed reply and stated that if accused is released on
bail then he may threaten witnesses and abscond and objected the bail
application.
7.

It is not in dispute that accused and informant had love marriage in
January 2022 and within five months of marriage this FIR is filed. Accused
has also not denied that brother of informant came to his house with police
and then informant was taken from matrimonial home and FIR is lodged.
Prosecution has alleged that informant was confined in the matrimonial
home and she was not allowed to talk with her parents. It is alleged that in
such circumstances she was beaten and abused for money and transferring
her father’s hotel in the name of applicant. It is alleged that in such
circumstances accused was keeping sexual relations and having unnatural
sex with her against her wish and when she was ill. Accused has contended
that on say of family members informant has filed this FIR. It appears
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Criminal Bail Application No.914/2022
informant for the love between her and accused has ran away from her
parent’s house against her family member’s wish as per the contention of
accused. Therefore, it is difficult to believe that informant was under the
influence of her parents when she staying at her matrimonial home and
will file false FIR against her husband. These are serious allegations that
informant was confined in the matrimonial house and then accused was
having unnatural sex with her and also beating and abusing her for money.
The circumstances that police and informant’s brother has came to rescue
her even though she had love marriage with accused and she has to file
FIR, prima faciely it shows that this is not a false FIR. Yet statement of
informant under section 164 Cr.P.C. is to be recorded. Informant has also
stated that her nude photos are lying with accused. Considering all these
allegations and circumstances, it appears, yet investigation is not complete.
If at this stage accused is released on bail then there is every possibility
that he will threaten witnesses and informant and abscond and tamper
evidence. Hence, it will not be proper to release accused on bail at this
stage. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.914 of 2022 is rejected.

2.

Criminal Bail Application No.914 of 2022 stands disposed of
accordingly.

Dt. 28.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 28.04.2022
: 28.04.2022
: 28.04.2022
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Criminal Bail Application No.914/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
30/04/2022 at 05.38 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 28/04/2022
Judgment/Order signed by P.O.on
28/04/2022
Judgment/Order uploaded on
30/04/2022
(Court