Cri.Bail Application No.359/2024
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MHCC020026472024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.359 OF 2024
IN
C.R.NO.901 OF 2023
Mr. Vinayak Nathu Dimbale
Aged 30 Years,
Residing at 2nd Wadi, Kumbharwada,
90 Feet Road, Dharavi, Mumbai 400 017.
(Accused is presently in Taloja Road,
Prison)
..Applicant
Vs.
1. The State of Maharashtra
2. The Senior Inspector of Police,
Dharavi Police Station.

..Respondent
Appearances :Ld. Advocate Mr. S.B. Suchdev, for the Applicant/ Accused.
Ld. Addl. P.P. Mrs.Meera Choudhari-Bhosale, for
State/Respondent.

the
CORAM : H.H. JUDGE DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 28TH FEBRUARY, 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.901/2023 registered with Dharavi Police Station for the offence
punishable under Sections 376(2)(n), 354(A)(iii), 417, 328, 323, 504
and 506 of the Indian Penal Code, 1860.

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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.
Victim has filed say at Exh.3.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the accused is in jail from 06/12/2023.
The complainant knew the accused from the year 2015.
relationship were turned into love affair.

Their
In the year 2018, the
accused got married to another girl. Even then, the complainant was
in touch with the accused from 2020. She submitted that the accused
never forced the complainant to take i-pills. The complainant is 27
years old. Charge-sheet is filed. She submitted that there are no
criminal antecedents of the accused. He is permanent resident of
Mumbai. The accused is ready to abide by all terms and conditions
imposed by the Court. She has prayed for grant of bail to the
accused.
04.

Per contra, Addl.P.P. and complainant submitted that
the accused established sexual relations with her by showing obscene
video and winning over her trust by giving promise of marriage. She
further submitted that if the accused is granted bail, there is
possibility that he will threaten her. Ld. APP submitted that if the
accused is granted bail, there is possibility that he will threaten the
complainant and witnesses, he might not remain present for trial.
They have prayed for rejection of the bail application.
05.

Perused record. Investigation is complete. Charge-sheet
is filed. The complainant knew the accused from the year 2015. They
had a love affair. It is pertinent to note that the complainant had
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knowledge about the marriage of the accused in the year 2018 but
she again met the accused in the year 2020. It is alleged that the
accused had sexual relations with the complainant under pretext of
marriage from July 2022 to October 2022. On 07/10/2022 they had
sexual relations at the house of the accused by giving the
complainant alcohol. The fact that the complainant had knowledge
about the marriage of the accused performed in the year 2018, had
still maintained contact with him, had gone to his house on
07/10/2022 herself; prima-facie show that their sexual relationship
was consensual. Further, when the incident had occurred on
07/10/2022, the FIR is lodged on 06/12/2023 i.e. more than 1 year 2
months after the alleged last sexual intercourse. Now at this stage,
investigation is over and charge-sheet is filed. Medical papers show
that the complainant had taken the i-pill of her own will.
Accordingly, in view of prima-facie consensual sexual relationship
between the complainant and the accused, there is no propriety in
keeping the accused behind bars.
06.

Further, there are no criminal antecedents of the accused. The
accused is permanent resident of Mumbai. To protect the
complainant and ensure presence of the accused for trial, terms and
conditions imposed on him while grant of bail. Similarly, to protect
the complainant, avoid repetition of offence, certain terms and
condition can be imposed on the accused. For the aforesaid
reasoning in supra paras, 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.

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2.

The accused Vinayak Nathu Dimbale be released on bail in
Crime No.901 of 2023 registered with Dharavi Police Station
for the offence punishable under Sections 376(2)(n), 354(A)(iii),
417, 328, 323, 504 and 506 of the Indian Penal Code, 1860 on
executing P.R. Bond of Rs.50,000/- with one or more
surety/sureties in like amount, on the following conditionsa) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Dharavi Police Station as and when called
by the Investigating Officer upon written notice till
completion of the trial.

c) He shall not commit any offence in future.
d) He shall not leave India without permission of the Court.
e) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

f) He shall not contact the complainant or her family
member directly or indirectly by any means.

g) 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: 28/02/2024
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
29/02/2024
10.39 A.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
28/02/2024
ORDER signed by P.O. on
28/02/2024
ORDER uploaded on
29/02/2024