Mumbai, May 2, 2022 (Greater Bombay Sessions Court): The Additional Sessions Judge, Smt. Sanjashree J. Gharat, presiding over Court Room No. 39 at the Sessions Court in Greater Bombay, has granted bail to Sajir Ahmed Mazumder, the accused in C.R. No. 204 of 2021 registered with the Colaba Police Station. Mazumder was booked under Sections 376 (rape) and 420 (cheating) of the Indian Penal Code (IPC). The order for bail under Section 439 of the Criminal Procedure Code (Cr.P.C.) was issued on April 30, 2022.

According to the First Information Report (FIR), the complainant and the accused became acquainted on November 2, 2021, and subsequently exchanged mobile numbers. During their communication, the accused allegedly expressed his affection for the complainant and his intention to marry her. At the same time, the complainant’s family was actively seeking a marriage proposal for her. The complainant’s brother later informed her parents about the relationship between her and the accused.

The FIR further alleges that the accused began to pressure the complainant to marry him and threatened to cause self-injury if she refused. On February 18, 2020, the accused allegedly took the complainant to his shop and established physical relations with her. Subsequently, the accused is accused of repeatedly engaging in sexual intercourse with her. The complainant later discovered she had missed her menstrual period and confirmed her pregnancy using a pregnancy kit. Tragically, she suffered a miscarriage in April while her father was hospitalized. The complainant alleges that on September 29, 2020, the accused went to his native place and did not fulfill his promise of marriage, leading her to report the matter to the police.

The applicant/accused, Sajir Ahmed Mazumder, sought bail claiming false implication in the case. His advocate, Ld. Adv. Chaudhari, argued that the relationship between the complainant and the accused was consensual and pointed to the delay in filing the complaint. It was also submitted that sexual intercourse on the pretext of marriage does not amount to rape, leading the applicant to pray for release on bail.

The prosecution, represented by Ld. APP. Kalpana Hire, strongly opposed the bail application. The prosecution argued the seriousness of the matter and highlighted that the accused had allegedly fled to Assam after the alleged offence and was arrested from his native place in Hailakandi, Assam. The prosecution contended that granting bail would create a strong possibility of the accused tampering with prosecution evidence and threatening the victim and prosecution witnesses.

After reviewing the prosecution’s case and the arguments presented, Additional Sessions Judge Smt. Sanjashree J. Gharat noted that both the complainant and the accused were approximately 23 years old. While they were initially in a relationship, the complainant specifically alleged that the accused used threats of self-harm with sharp weapons to coerce her into having intimate relations, exploiting the promise of marriage. The complainant also stated that on February 26, 2020, when she refused physical relations, the accused allegedly consumed phenol and was admitted to G.T. Hospital, where his statement was recorded by the police at the time. The pregnancy resulting from their relationship and the subsequent miscarriage due to stress while her father was hospitalized were also noted. The court highlighted that the accused’s alleged insistence on physical relations through threats of self-injury raised questions about the voluntariness of consent. The fact that the accused was arrested from his native place in Assam was also acknowledged, which had led to the rejection of a previous bail application.

However, the court observed that the investigation in the case was now complete, and the charge-sheet had been filed. Acknowledging that the trial would take time, the court stated that bail could not be refused solely based on the accused not being a local resident. The court also noted that the prosecution had the option to file for cancellation of bail if the conditions were violated.

Considering these aspects, the court proceeded to pass the following order:

ORDER

1. The Bail Application No. 833 of 2022 is hereby allowed.
2. The Applicant / Accused Sajir Ahmed Mazumder S/o Akram Ali Mazumder be released on bail, in C.R. No. 204 of 2021 registered by Colaba Police Station on furnishing a P.R. Bond of ₹ 40,000/- (Rupees Forty Thousand only) with one or more solvent sureties in the like amount.
3. The Applicant is further directed to visit Colaba Police Station once a week, i.e., every Thursday between 4:00 p.m. to 6:00 p.m., and to maintain a diary in respect of the visit until the conclusion of the trial.
4. The Applicant shall not leave Maharashtra State without prior permission of the Court.
5. The Applicant shall submit proof of his residential address, phone number, Aadhar Card, and Election Card, if any.
6. The Applicant shall not involve in any crime; if found, his bail may be cancelled.
7. The Applicant is further directed not to tamper with the prosecution evidence or witnesses.
8. The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to the Police Officer.
9. The Applicant shall regularly attend the case on each and every date.
10. The Applicant is further directed not to visit the place where Prosecution witnesses are residing or to contact them.
11. In case of a violation of the condition of bail, the prosecution is at liberty to file an application for the cancellation of bail.

The order was dictated and typed on April 30, 2022, and checked and signed on May 2, 2022, by Additional Sessions Judge Smt. Sanjashree J. Gharat. This decision grants conditional release to the accused, Sajir Ahmed Mazumder, while the legal proceedings in the alleged rape and cheating case continue.