Mumbai, February 16, 2024: In a recent ruling, the Sessions Court of Greater Bombay granted bail to Jishan Farook Beg, a 32-year-old businessman, who was arrested in connection with C.R. No. 32/2024 registered at Vikhroli Police Station under Sections 376(2)(n) and 417 of the Indian Penal Code, 1860. The order was passed by Additional Sessions Judge Dr. Gauri Kawdikar on February 16, 2024.
Background of the Case
The case revolves around allegations made by a 30-year-old woman, who is a widow with three children. According to the FIR, the complainant and the accused met in March 2021 when the accused was working as a vegetable vendor. Over time, they developed a close relationship, and the accused allegedly promised to marry her and take care of her children.
The complainant claims that in June 2021, the accused established sexual relations with her at her residence, allegedly without her consent. The complainant stated that from June 2021 to October 2022, the accused continued to engage in sexual relations with her, again allegedly without her consent. In November 2022, the complainant was informed by the accused’s sister-in-law that he had married another woman. Despite this, the accused allegedly continued to visit the complainant’s residence and maintain a physical relationship with her until June 2023, when she confirmed that he was indeed married.
Subsequently, the complainant lodged an FIR on January 29, 2024, leading to the accused’s arrest on the same day.
Arguments Presented
Defense’s Stand: Advocate Deepak Kumar J. Giri, representing the accused, argued that the complainant was in a consensual relationship with the accused since 2021. He highlighted that the complainant was aware of the accused’s marriage by June 2023 but waited for seven months before filing the FIR. He further emphasized that there were no prior criminal antecedents against the accused and that he had been a permanent resident of Mumbai since 2017. The defense assured the court that the accused would comply with all conditions set by the court if granted bail.
Prosecution’s Stand: Additional Public Prosecutor Mrs. Meera Choudhari-Bhosale, along with Mrs. Rajlaxmi Bhandari, opposed the bail plea, citing that the investigation was still at a preliminary stage. They argued that since the complainant and the accused resided in the same locality, there was a potential risk of the accused intimidating the complainant and other witnesses. They also pointed out that important witness statements were yet to be recorded.
Court’s Observations and Decision
Upon reviewing the case details, the court noted that the complainant had been in a relationship with the accused since June 2021 and that their sexual relations took place at her residence. The court also observed that despite knowing about the accused’s marriage in June 2023, the complainant continued the relationship for some time before filing an FIR months later.
Additionally, the complainant filed an affidavit stating that she had ‘no objection’ to the accused being granted bail. The court concluded that the relationship appeared to be prima facie consensual and that prolonged incarceration of the accused was unnecessary.
Bail Order and Conditions
In light of the above observations, the court granted bail to Jishan Farook Beg on the following conditions:
- The accused was released on a personal bond of Rs. 25,000 with one or two sureties.
- He shall not tamper with prosecution witnesses or evidence.
- He must report to the Vikhroli Police Station every alternate Thursday between 10:00 a.m. and 11:00 a.m. until the charge sheet is filed.
- He shall not commit any further offenses.
- He shall not contact the complainant or her family members, directly or indirectly, by any means.
- He shall not leave India without prior permission from the court.
- He must furnish his permanent and temporary addresses, if any, along with his contact details to the police station.
- He shall not change his residential address without informing the Investigating Officer and the concerned court.
The court also warned that any breach of these conditions would result in the cancellation of bail.
Conclusion
The case remains under investigation, and further legal proceedings will determine the final outcome. The court’s decision to grant bail was based on the evidence suggesting a consensual relationship and the complainant’s lack of objection to the bail application. However, strict conditions have been imposed to ensure that the accused does not interfere with the investigation or cause distress to the complainant.
The bail order was officially signed and uploaded on February 16, 2024.