Mumbai, Maharashtra – May 9, 2022 – The Sessions Court for Greater Mumbai has granted bail to Mahendra Singh Seva Singh Rathhod, accused of molestation and obscenity. Additional Sessions Judge Sonali P. Agarwal (C.R. No. 41) allowed Criminal Bail Application No. 972 of 2022, related to C.R. No. 297 of 2022 registered with Vakola Police Station.
Mahendra Singh Seva Singh Rathhod, 28, was arrested and charged under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354(d) (stalking), 509 (word, gesture or act intended to insult the modesty of a woman), and 506 (criminal intimidation) of the Indian Penal Code1 (IPC).
Case Background:
The complainant, a widow, alleged that she had known Rathhod for 10 years. After her husband’s death, Rathhod repeatedly tried to approach her. On April 7, 2022, he allegedly approached her while she was drying clothes outside her house, spoke to her in obscene language, and asked her to sleep with him. When she called her mother-in-law, he allegedly assaulted her on her breast, tore her dress, unzipped his pants, made obscene gestures, and threatened her.
Arguments and Court’s Reasoning:
Rathhod’s counsel, Adv. S.A. Vasid, argued that his client was falsely implicated and that the FIR was lodged 15 days after the alleged incident. He requested that Rathhod be released on bail.
The prosecution, represented by APP Meera Choudhary-Bhosale, opposed the bail, arguing that Rathhod would commit repeat offenses and not appear for trial if released.
The court, after hearing both sides, noted the allegations of obscene language, assault, and tearing of the complainant’s dress. “It appears, as per the allegations of prosecution accused talked with informant in obscene language and beat her on her breast and torn her dress,” Judge Agarwal stated.
The court also noted the absence of any criminal antecedents for Rathhod. “There are no criminal antecedents of accused brought on record,” Judge Agarwal noted.
Considering the allegations and the absence of criminal antecedents, the court found no purpose in keeping Rathhod in custody. “Considering the allegations it appears, no purpose is going to be served by keeping accused behind the bar,” Judge Agarwal stated.
However, considering the nature of the allegations, the court imposed conditions to prevent further harassment of the complainant. “But considering the fact that accused has made obscene gesture and torn dress of informant directions can be given to accused not to contact and enter into the area where informant resides,” Judge Agarwal noted.
Bail Conditions:
Judge Agarwal granted bail to Mahendra Singh Seva Singh Rathhod on the following conditions:
- Execution of a personal bond and surety bond of ₹15,000 with one or more sureties of the same amount.
- Prohibition from threatening or causing injury to the complainant.
- Prohibition from tampering with prosecution evidence.
- Cooperation with the police investigation.
- Prohibition from entering the area where the complainant resides until the case is disposed of.
- Prohibition from directly or indirectly inducing, threatening, or promising any person acquainted with the facts of the case.
- Submission of mobile number, phone number, and all addresses to the investigating officer, with a requirement to inform the investigating officer of any changes.
The certified copy of the judgment was issued on May 9, 2022. This decision highlights the court’s consideration of the nature of the allegations, the absence of criminal antecedents, and the imposition of conditions to protect the complainant.