Cri.Bail Application No.30/2024

MHCC020001512024 IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT MUMBAI
CRIMINAL BAIL APPLICATION NO.30 OF 2024 (CNR NO.MHCC02-000151-2024)
IN C.R.NO.560 OF 2023

Zaid Mohammed Mukkim Palla
Aged 28 Years, Occupation: Fitness Trainer,
Residing at 5th Floor, 503,
Sheetal Apartment, Seweree,
Mumbai 400 015. (Presently lodged at Arthur Road Prison) ..Applicant/Accused

Vs.

The State of Maharashtra At the instance of Matunga Police Station, C.R.No.560/2023.
..Respondent

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

CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE, DR.GAURI KAWDIKAR
(COURT ROOM NO. 41) DATED : 6TH JANUARY 2024
ORDER

01.The application is filed by the accused Zaid Mohammed Mukkim Palla under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. No.560/2023 registered with Matunga Police Station for the offence punishable under Sections 376(2)(n), 323, 504 and 506 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. Complainant has filed her say at Exh.3.

03. Heard both the Ld. Counsels. It is the contention of the advocate of the accused that the accused is permanently residing at Mumbai with his family members. He does not have any criminal antecedents. He submitted that the accused is 23 years old. He came in contact with the complainant in November 2021 in Gym. They started talking with each other and the relationship soon developed into love relationship. In January 2022 the accused proposed to the complainant and she accepted. In August 2022, they had a breakup . In April 2023, they again got together. He categorically mentioned that the sexual relationship between the accused and the complainant was consensual.

He further submitted that medical examination of the accused is done. No recovery is to be made from
the accused.

He 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 accused under the false pretext of marriage, forcibly committed sexual intercourse with the complainant many times. Medical examination of the complainant and accused is done. Statement of witnesses are recorded. Letter is written to 13 th M.M. Court, Bhoiwada who record the statement of the complainant under section 164 of the Code of Criminal Procedure, 1973. She further submitted that if the accused is granted bail, he will threaten the complainant and witnesses. There is possibility that he will abscond and not remain present for trial. The accused might tamper with prosecution evidence. She has prayed for rejection of the bail application.

05.Complainant has given say at Exh. 3 that she does not wish to oppose the aforesaid bail application. Her only concern was that the accused might misuse the photographs in his mobile.

06.Perused the record. FIR mentions that the complainant met the accused in November 2021 in a gym. They became friends. Friendship turned into love. They had sexual relations many times at many places. The whats-app messages between he accused and the complainant prima-facie show consensual relationship. The complainant was 21 years old in November 2021.

She was old enough to understand the consequences of one’s act.

07.It is pertinent to note that in the month of January 2022, the accused had proposed marriage to the complainant, which she has accepted. It also prima-facie reflects consensual relationship. As
on today, the medical examination of the complainant and accused is already done. Statement of witnesses are already recorded. Only statement of complainant under section 164 of the Code of Criminal Procedure, 1973 is yet to be recorded. The complainant has clearly given no objection to grant bail to the accused. Thus, there is no propriety to continue incarceration of the accused. Taking into
consideration, the gravity of the offence, for further investigation the accused can be directed to attend the police station. To protect the complainant, the accused can be directed not to contact her directly or indirectly. To ensure presence of the accused for trial certain terms and conditions can be imposed on him. Similarly, to ensure that the accused does not misuse the photographs of the complainant conditions can be imposed 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 order

ORDER

1.The Criminal Bail Application is allowed.

2.The accused Zaid Mohammed Mukkim Palla be released on bail in Crime No.560 of 2023 registered with Matunga Police Station for the offence punishable under Sections 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 conditions :

a) He shall not tamper with prosecution witnesses and evidence.

b) He shall attend Matunga Police Station as and when called by the Investigating Officer on written notice.

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.

h) He shall not upload any video or photographs of the complainant on Social Media.

3.Bail before the Ld. Metropolitan Magistrate.

4.Breach of any condition would entail cancellation of bail.

Date: 06/01/2024 Place: Mumbai (Dr. Gauri Kawdikar) Addl.Sessions Judge, City Civil & Sessions Court, Gr. Mumbai