Mumbai, Maharashtra – February 21, 2022 – A Mumbai Sessions Court has granted bail to Darshan Umashankar Varma, accused of obstructing a public servant in discharge of her duty, assault, and harassment. The court, presided over by Additional Sessions Judge Smt. Sanjashree J. Gharat, granted bail after considering the completion of the investigation, but imposed strict conditions due to the accused’s alleged conduct and prior criminal record.

Varma was arrested in connection with C.R. No. 621 of 2021, registered at Chembur Police Station, under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 354 (assault or criminal force to woman with intent to outrage her modesty),¹ 509 (word, gesture or act intended to insult the modesty of a woman), and 323 (voluntarily causing hurt) of the Indian Penal Code² (IPC).

Details of the Allegations:

The prosecution alleged that the complainant, an Assistant Police Inspector (API) attached to the Chembur Police Station and a member of the Nirbhaya Team, found Varma arguing with two individuals. When she attempted to intervene, Varma allegedly abused her, obstructed her official duty, grabbed her wrist, and tried to outrage her modesty.

Arguments Presented During the Bail Hearing:

Varma’s advocate, Mr. Raorane, argued that his client was falsely implicated, a permanent resident of Mumbai, ready to cooperate with the investigation, and that there was no possibility of him tampering with evidence or threatening witnesses.

The prosecution, represented by Ld. APP. Kalpana Hire, opposed the bail application, arguing that Varma had obstructed a public servant during her official duty and attempted to outrage her modesty. They also highlighted Varma’s prior criminal record, including a pending trial under the POCSO Act and rape charges, for which a non-bailable warrant (NBW) had been issued due to his non-attendance.

Court’s Reasoning and Decision:

Judge Gharat, after reviewing the case records and hearing both sides, acknowledged the seriousness of the allegations and Varma’s criminal antecedents. However, the court noted that the investigation was complete, and Varma could not be detained indefinitely based on the prosecution’s apprehensions.

“The earlier bail application of Accused came to be rejected as investigation was in progress. However, now the investigation is completed. The Accused can’t be detained for indefinite period due to apprehension of prosecution and will amount to pre-trial conviction. It will take time to decide the matter on merit,” Judge Gharat stated in the order.

Conditions of Bail:

The court granted bail to Varma on a personal bond of Rs. 30,000 with one or more solvent sureties of the same amount, subject to the following strict conditions:

• He must visit Chembur Police Station every Thursday between 4:00 PM and 6:00 PM and maintain a diary of these visits until the conclusion of the trial.
• He must not leave Maharashtra State without prior permission of the court.
• He must submit proof of his residential address, phone number, Aadhaar Card, and Election Card.
• He must not involve himself in any crime, failing which his bail may be canceled.
• He must not tamper with prosecution evidence or witnesses.
• He must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• He must regularly attend the case on each and every date.
• He must not visit the place where prosecution witnesses reside or contact them.
• The prosecution is at liberty to file an application for cancellation of bail in case of any violation of these conditions.
• Provisional cash bail is allowed for eight weeks.

This decision reflects the court’s balancing of the accused’s right to personal liberty with the need to ensure public safety and the integrity of the judicial process, particularly given Varma’s prior criminal record and the nature of the allegations against him.