Mumbai, Maharashtra – April 30, 2022 – Mayur Sunil Bharti has been granted bail by the Sessions Court in Greater Mumbai in a case involving allegations of sharing his ex-wife’s nude photographs and private conversations. The court, presided over by Additional Sessions Judge Smt. Sanjashree J. Gharat, granted bail after noting the lack of allegations of physical assault and the completion of a significant portion of the investigation.
The case, registered as C.R. No. 39 of 2022 at Marine Drive Police Station, involves charges under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 509 (word, gesture or act intended to insult the modesty of a woman)1 of the Indian Penal Code (IPC), and2 Section 66-D (cheating by personation by using computer resource) of the Information Technology Act.
According to the First Information Report (FIR), the complainant, who married Bharti in 2017, alleged that she had shared nude photographs with him during their long-distance relationship at his request. She later attempted to delete these photographs during a visit to Pune, but Bharti allegedly prevented her. Subsequently, their relationship deteriorated, with Bharti becoming suspicious and demanding screenshots of her incoming and outgoing calls.
The complainant alleged that on March 11, 2022, she discovered that Bharti had created a WhatsApp group named “secret,” where he shared screenshots of her conversations with a friend and her half-nude photographs with her family members. She recognized these photographs as the ones she had shared with him during their relationship.
Bharti, represented by Advocate Sheela Gupta, sought bail, arguing that he was falsely implicated and that the investigation was nearly complete. He claimed that further incarceration was unnecessary.
The prosecution, represented by Learned APP Kalpana Hire, opposed the bail application, citing the ongoing investigation and the potential for Bharti to tamper with evidence or threaten witnesses.
Judge Gharat, after reviewing the case details and hearing arguments from both sides, granted bail to Bharti. The court noted that the FIR primarily focused on the sharing of private photographs and conversations, and lacked specific allegations of criminal force or assault with intent to outrage modesty, which are essential elements for charges under Section 354 of the IPC. The court also noted that the accused’s mobile phone had been seized, and the FSL report was pending, meaning that the risk of tampering with evidence was low.
The court granted bail to Bharti subject to the following conditions:
- A personal bond of Rs. 15,000/- with one or more solvent sureties of the same amount.
- Weekly visits to Marine Drive Police Station every Thursday between 4:00 p.m. and 6:00 p.m.
- A prohibition against leaving Maharashtra without prior court permission.
- Submission of proof of residential address, phone number, Aadhaar Card, and Election Card (if any).
- A prohibition against involvement in any other crime.
- A prohibition against tampering with prosecution evidence or witnesses.
- A prohibition against directly or indirectly influencing witnesses.
- Regular attendance at court hearings.
- A prohibition against visiting the residences of prosecution witnesses or contacting them.
- The prosecution’s liberty to file for bail cancellation in case of violation of conditions.
- Provisional cash bail allowed for eight weeks.
The court’s decision highlights the importance of analyzing the specific allegations in a case, particularly the presence or absence of elements required for specific charges. It also underscores the court’s consideration of the progress of the investigation and the need to balance individual liberty with the interests of justice.