Cri.Bail Application No.238/2024
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MHCC020016782024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.238 OF 2024
IN
C.R.NO.17 OF 2024
Mr. Vishwas Gulab Yadav
Age 25 Years , Occupation: Serial Editor,
Residing at Room No.250,
Himmat Nagar, Near Vidyalankar College,
Salt Pan Road, Wadala (East),
Mumbai 400 037.
Vs.

..Applicant/Accused
The State of Maharashtra
At the instance of Wadala T.T. Police Station ..Respondent
Appearances :Ld. Advocate Mr. Arun R. Gupta, for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/
Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 05TH MARCH, 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.17/2024 registered with Wadala T.T. Police Station for the
offence punishable under Sections 376, 376(2)(N), 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.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the complainant and the accused are
childhood friends. The sexual relationship between the complainant
and accused was consensual. The accused never forced the
complainant and she herself was residing with him by taking the
room on rent. The accused was arrested on 08/01/2024. The
investigation is complete. Charge-sheet is filed before Ld.
Metropolitan Magistrate, 29th Court, Bhoiwada, Mumbai. He
submitted that there is no criminal antecedents of the accused. The
accused is ready to abide by all terms and conditions imposed by the
Court. He has prayed for grant of bail to the accused.
04.

Per contra, Addl.P.P. submitted that the offence is
serious in nature. The complainant submitted that the accused gave
her false promise of marriage, instigated her to leave her husband
and did not fulfill his promise of marriage to her. If the accused is
released on bail, there is possibility of repetition of crime,
threatening the complainant, tampering with the evidence. She has
prayed for rejection of the bail application.
05.

Perused the record. FIR mentions that on 12/07/2015,
the complainant was married to her husband forcibly by her mother.
They have a child together. After marriage, in February 2018 the
complainant met the accused who is her childhood friends. On
28/12/2021, when they were roaming at Shivaji Park, the husband of
the complainant saw them. There was a dispute between the
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complainant and her husband. In March 2022, the accused assaulted
the husband of the complainant. On 19/09/2023, the husband of the
complainant lodged NC No.2177/2023 against the accused for
offence punishable under sections 323, 504 of the Indian Penal Code,
1860. Her husband told her to go out of the house alongwith their
three children. From 18/09/2023 the complainant started residing
with the accused in rental room in front of Dr. Babasaheb
Ambedkar, Telgu Sangh, Vijay Nagar, Wadala East, Mumbai. The
deposit of the room of Rs.20,000/- and monthly rent of Rs.1,000/was paid by the accused. From 18/09/2023 to 28/11/2023, the accused
established sexual relationship with the complainant many times by
giving promise of marriage. On 28/11/2023, the accused went to his
village. When the complainant tried to contact him, he refused to
marry her and did not pick up her calls thereafter. FIR was lodged
on 06/01/2024.
06.

It is pertinent to note that though the complainant and
the accused are childhood friends, when they met again, the
complainant was a married woman with three children.
complainant was not legally available for marriage.

The
Most
importantly, the complainant herself has started residing with the
accused in rental premises from 18/09/2023. The complainant is 30
years old having sufficient maturity to understand the consequences
of one’s act. When the complainant choose to live with the accused
in a room, she ought to be aware of the consequences of living
together. Whether the accused had given false promise of marriage
since inception would be a question of evidence.

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07.

The accused refused to marry the complainant on
23/11/2023. But the FIR is lodged on 06/01/2024. Thus, there is
delay in lodging the FIR. The investigation is complete and chargesheet is filed before Ld. Metropolitan Magistrate, 29 th Court,
Bhoiwada, Mumbai but not committed yet. At this stage, taking into
consideration that the complainant herself started living with the
accused in a rental premises, age of the complainant, marital status
of the complainant, stage of investigation i.e. filing of charge-sheet;
there is no propriety in keeping the accused behind the bars. As the
charge-sheet is filed, the medical examination of the accused is
already conducted, spot panchanama, seizure panchanama are
drawn, statement of witnesses are recorded, thus, there is no
question of hindering the investigation.
08.

Ld. Advocate for the applicant has relied on the case of
Naim Ahamed Vs. State (NCT of Delhi) in Criminal Appeal
No.257/2023 decided on 31/01/2023, wherein it was held that the
complainant was married, living with the accused without giving
divorce to her husband, also conceived because of the accused, gave
birth to the children of the accused and suddenly when dispute arose,
made allegation of rape by giving promise of marriage. The accused
was entitled for acquittal. Ld. Advocate for the applicant has relied
on the case of G. Achyut Kumar Vs. State of Odisha in CRLA
No.940/2019 decided on 21/05/2020, wherein it was held that when
two adults out of their own sweet will and choice, develop
consensual physical relationship but when the relationship gets sour
for some reasons, the allegation of rape do not sustain.

In the
present case, the complainant herself choose to live with the accused
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without giving divorce to her husband. As a facts of the two cases
are similar, the above ratios are applied.
09.

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 can be imposed on him while grant of bail. 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.

2.

The accused Vishwas Gulab Yadav be released on bail in Crime
No.17 of 2024 registered with Wadala T.T. Police Station for
the offence punishable under Sections 376, 376(2)(N), 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 Wadala T.T. Police Station as and when
called by the Investigating Officer on written notice till
filing of the charge-sheet.

c) He shall not commit any offence in future.
d) He shall not contact the complainant, witnesses 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.

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h) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

3.

Bail before the Ld. Metropolitan Magistrate.

4.

Breach of any condition would entail cancellation of bail.

Date: 05/03/2024
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
05/03/2024
04:48 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
05/03/2024
ORDER signed by P.O. on
05/03/2024
ORDER uploaded on
05/03/2024