Mumbai, Maharashtra – June 20, 2022 – Ravi Ranjan Shamsundar Kumar @ Rocky Singh’s bail application has been rejected in connection with a case involving sexual assault, obscenity, and cheating. The Additional Sessions Judge, Smt. A.B. Sharma, of the Sessions Court for Greater Bombay, rejected his bail application (Criminal Bail Application No. 774 of 2022) citing the seriousness of the offense and the risk of the accused absconding.
Background of the Case:
Singh was arrested and charged under Sections 292 (sale, etc., of obscene books, etc.), 293 (sale, etc., of obscene objects to young person), 420 (cheating and dishonestly inducing delivery of property), 376 (rape), and 328 (causing hurt by means of poison, etc., with intent to commit an offense) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), as well as Sections 67 and 67-A of the Information Technology Act and Sections 3, 4, 6, and 8 of the Indecent Representation of Women (Prohibition) Act, 1986.
Allegations and Arrest:
According to the FIR, the victim, a model, was contacted for a web series shoot. She was allegedly lured under the pretext of a paid web series and taken to a bungalow in Madh, Malvani, Malad (West). There, she was pressured to perform nude scenes and was allegedly given an energy drink that made her feel giddy. In that state, she was filmed in nude scenes, and the videos were later circulated online. The prosecution alleged that Singh was aware of the plan to record nude videos and participated in the sexual assault.
Defense Arguments:
Mr. Vinayak Tare, representing Singh, argued that his client was innocent and also a victim in the case, unaware of the alleged nude videos. He claimed that Singh had immediately sought pre-arrest bail upon receiving a police notice, but it was rejected by both the Sessions Court and the High Court. He also argued that the complainant had falsely implicated Singh to extort money, as she had consented to the video recording and received payment. He emphasized that Singh had no criminal antecedents, was a citizen of Maharashtra, and had been in custody since March 3, 2022. He stated that the investigation was complete, the charge sheet was filed, and Singh was willing to abide by any bail conditions.
Prosecution’s Counter-Arguments:
Ms. Kalpana Hire, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Singh was not a permanent resident of Maharashtra, was in contact with other accused, and had committed a serious offense. She contended that if released on bail, Singh would tamper with the complainant and other prosecution evidence.
Court’s Observations and Decision:
Judge Sharma noted that Singh allegedly committed sexual intercourse with the complainant after she was given an energy drink that made her feel giddy, and that the videos were later circulated online. The court found that Singh was prima facie aware of the plan to record nude videos and did not resist or inform the complainant of any wrongdoing, suggesting his involvement in exploiting her.
“It is primafacie seen that for the purpose of making money, the accused exploited the informant under her unconsciousness and record the videos. The offence is serious in nature,” Judge Sharma stated in her order.
The court also considered the prosecution’s claim that Singh was a permanent resident of Bihar, residing in Mumbai on rent for the purpose of shooting such videos. The court concluded that there was a high possibility of Singh absconding if released on bail, which would hinder the trial.
“Under such circumstance, if the accused is released on bail, then there is every possibility of his absconding which will create hurdle in the trial. Considering facts and circumstances, I am not inclined to grant bail,” Judge Sharma stated.
Significance of the Ruling:
This ruling emphasizes the court’s consideration of the seriousness of the offense and the potential flight risk when deciding bail applications. The court’s decision underscores that in cases involving sexual assault and the exploitation of vulnerable individuals, bail can be denied if there is a substantial risk of the accused absconding or tampering with evidence.
Key Factors in the Bail Rejection:
- Seriousness of the offenses, including sexual assault and exploitation.
- Prima facie evidence of Singh’s involvement in the crime.
- Risk of Singh absconding, as he is allegedly not a permanent resident of Maharashtra.
- Potential to tamper with witnesses and evidence.
Future Proceedings:
The trial will proceed in the Sessions Court. The prosecution will be required to prove the charges against Singh and the other accused beyond a reasonable doubt. The court will monitor the case to ensure a fair and just outcome.