Mumbai, June 24, 2022 – The Additional Sessions Judge Smt. A.B. Sharma (Court Room No. 39) granted bail to Tatya @ Anil Shahu Chavan in connection with a rape and assault case registered at RCF Police Station (Crime No. 288/2022). The court considered the victim’s affidavit stating a settlement and the progress of the investigation as key factors in its decision.
Background of the Case:
Tatya @ Anil Shahu Chavan was arrested for allegedly raping and assaulting a bar singer. The victim filed a report alleging that she had a friendly relationship with the accused for three years. She claimed that on April 25, 2022, the accused demanded sexual favors and, upon her refusal, tore her clothes and outraged her modesty. She further alleged that on April 26, 2022, the accused abused and threatened her and her friend. The case was registered under Sections 376 (rape), 354 (assault or criminal force to woman with intent to outrage her modesty), 354(A) (sexual harassment),1 354(D) (stalking), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation)2 of the Indian Penal Code3 (IPC).
Arguments Presented:
Advocate Yash Vora, representing Chavan, argued that his client was falsely implicated and had a consensual relationship with the victim for three and a half years. He highlighted that the initial report did not mention rape and that the victim had now filed an affidavit stating that the matter was settled. He also emphasized that the investigation was largely complete and that his client was a permanent resident of Mumbai.
Advocate Pranita Sakpal, representing the intervener, did not present specific arguments.
Additional Public Prosecutor (APP) Kalpana Hire, representing the State, strongly opposed the bail application, citing the seriousness of the offense and the ongoing investigation. She argued that releasing the accused would lead to witness tampering.
Court’s Reasoning and Decision:
Judge Sharma, after reviewing the application, the State’s reply, and the victim’s affidavit, noted that the victim had filed an affidavit stating that the matter was settled and that the report was lodged due to a misunderstanding.
“The victim has filed on record an affidavit stating that the matter is settled between the accused and herself. She has lodged report against the accused due to misunderstanding,” Judge Sharma stated in her order.
The court also observed that the statement of the victim under Section 164 of the Code of Criminal Procedure had been recorded and that the material investigation was complete.
“It is also seen that the material investigation in respect of this applicant has been completed and longer detention of the applicant is not required as nothing has to be seized from him,” Judge Sharma stated.
Regarding the prosecution’s concerns about witness tampering, the court stated that conditions could be imposed on the accused to address these concerns.
Consequently, the court granted bail to Tatya @ Anil Shahu Chavan, ordering his release upon furnishing a Personal Bond (PB) and Surety Bond (SB) of Rs. 25,000 with one or two solvent sureties of the same amount.
The court imposed several conditions, including that the accused must attend all court hearings, must not leave India without permission, must provide his address and contact details, must not commit any further crimes, must not tamper with evidence or witnesses, and must not contact the victim or prosecution witnesses.
Implications and Significance:
This ruling highlights the court’s consideration of the victim’s affidavit stating a settlement in bail matters, particularly in cases involving allegations of sexual offenses. The decision underscores that when the victim expresses a desire to settle the matter and the investigation is largely complete, bail can be granted with appropriate conditions.
The court’s decision also reflects a balanced approach, ensuring that the accused’s rights are protected while also imposing stringent conditions to address the prosecution’s concerns about potential witness tampering and flight risk.
The order was dated June 23, 2022, and signed and uploaded on June 24, 2022.