Mumbai, Maharashtra – August 14, 2023 – Akshay Narayan Patil, accused in a rape and harassment case, has been granted bail by the Sessions Court for Greater Bombay. Additional Sessions Judge Priya P. Bankar (Court Room No. 41) allowed Criminal Bail Application No. 1741 of 2023, related to C.R. No. 241 of 2023 registered with Chembur Police Station.

Patil was arrested and charged under Sections 376 (rape), 354-A (sexual harassment), 354-D (stalking), 500 (defamation), 501 (printing or engraving matter known to be defamatory), 506 (criminal intimidation) of the Indian Penal Code, 1860, and Section 67-A of the Information Technology Act, 2000.

Case Background:

The complainant, a 42-year-old teacher, alleged that she became friends with Patil through Facebook. Patil proposed to her, but she refused, citing her marital status. They continued to chat on WhatsApp. On May 7, 2023, Patil called her to Chembur, took her to a lodge, and forcibly had sexual relations with her. He also allegedly took obscene photographs and videos. Patil then insisted she marry him, threatening to send the images and videos to her husband. He reportedly sent photographs and messages to her husband and threatened him with death. The complainant subsequently filed a police report.

Arguments and Court’s Reasoning:

Patil’s counsel, Adv. Sanjay Jadhav, argued that the investigation was complete, and the charge sheet had been filed. He emphasized that Patil is a permanent resident of Maharashtra, ready to cooperate with the prosecution, and has no criminal antecedents. He also highlighted Patil’s educational background as a Civil Engineer and his role as the sole earning member of his family.

The prosecution, represented by Addl.P.P. Meera Choudhari-Bhosale, opposed the bail, citing the seriousness of the offense and the potential for Patil to pressurize the complainant and witnesses. The complainant also filed a reply opposing the bail.

The court noted that Patil’s previous bail application was filed before the charge sheet was filed. Now that the investigation is complete, the court found that there would be no obstruction by the accused during the investigation. The court also considered Patil’s young age, educational background, lack of criminal history, and permanent residency.

“As it appears that now investigation is completed, so there would not be any ground to pressurize the prosecution witnesses and the informant. Custody of the accused with police will not be required. Considerable time will be required to dispose of the case on merits. Accused is young boy and educated person. He do not having any criminal antecedent. He is permanent resident of Mumbai. He is having roots in the society. So, there will not be any hurdle to secure his presence during trial. As to the apprehension of the prosecution, it can be dealt with by imposing the terms and conditions to that effect,” Judge Bankar stated.

Bail Conditions:

Judge Bankar granted bail to Akshay Narayan Patil on the following conditions:

• Execution of a personal bond of ₹50,000 with one or more sureties of the same amount.
• Prohibition from contacting the complainant, her relatives, or prosecution witnesses, or tampering with evidence.
• An undertaking not to directly or indirectly influence any person acquainted with the case.
• Prohibition from engaging in similar offenses in the future.
• Restriction on leaving India without prior court permission.
• Prohibition from communicating with the complainant or her relatives personally or electronically.
• Submission of permanent and temporary addresses and contact details to the court.
• Prohibition from changing residential address without prior intimation to the Investigation Officer and the court.
• The prosecution is at liberty to move the court for cancellation of bail if any of the conditions are violated.

The certified copy of the judgment was issued on August 14, 2023. This decision highlights the court’s consideration of the completion of the investigation, the accused’s background, and the imposition of stringent conditions to address the prosecution’s concerns.