Mumbai, February 21, 2022 – Ajay Bhabedra Nath @ Rajubhaiya has been granted bail by the Sessions Court for Greater Bombay in a rape case. Additional Sessions Judge Sanjashree J. Gharat (Court Room No. 39) issued the order on February 15, 2022.
Nath was arrested in connection with C.R. No. 522 of 2021, registered at the Bandra Police Station, for offenses under Sections 376 (rape) and 506(II) (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code1 (IPC).
Background and Allegations:
The complainant, a married woman who came to Mumbai for work, contacted co-accused Yasmeen for employment. Yasmeen introduced her to Nath at a yoga meditation shed in Bandra. Nath allegedly took her to a room under the pretext of arranging accommodation, offered her a sandwich, and then raped her. He also allegedly threatened her. Later, he asked her to accompany him to Pune for work, which frightened her, and she reported the incident to the police.
Arguments Presented:
Advocate Sothe, representing Nath, argued that he was falsely implicated, had no criminal antecedents, and that the complaint was delayed. He also stated that the investigation was completed and the charge sheet was filed, and that he would abide by the conditions of bail.
Additional Public Prosecutor (APP) Kalpana Hire, representing the State, opposed the bail, citing the seriousness of the offense and the possibility of Nath tampering with evidence or threatening the victim and witnesses.
Court’s Reasoning and Decision:
Judge Gharat acknowledged the seriousness of the rape offense. However, she noted that the investigation was completed, and the charge sheet was filed. She also stated that it would take time to decide the matter on merit. Therefore, she decided to grant bail subject to certain conditions.
Bail Conditions:
Nath was granted bail upon furnishing a personal bond of Rs. 40,000 with one or more solvent sureties of the same amount. The following conditions were imposed:
- Nath must visit the Bandra Police Station once a week (every Monday between 4:00 p.m. and 6:00 p.m.) and maintain a diary of his visits until the conclusion of the trial.
- He must not leave Maharashtra without prior permission from the court.
- He must submit proof of his residential address, phone number, Aadhar Card, and Election Card, if any.
- He must not involve himself in any crime, failing which his bail may be cancelled.
- He must not tamper with prosecution evidence or witnesses.
- He must not directly or indirectly influence or threaten any person acquainted with the case.
- He must attend the case regularly on each and every date.
- He must not visit the place where prosecution witnesses reside or contact them.
- In case of a violation of bail conditions, the prosecution is at liberty to file an application for cancellation of bail.
- Provisional cash bail was allowed for eight weeks.
Order Details:
The order was dictated on February 15, 2022, and checked and signed on February 21, 2022. The certified copy was uploaded on February 21, 2022, at 4:50 p.m.
This decision reflects the court’s consideration of the completion of the investigation, the filing of the charge sheet, and the imposition of conditions to ensure Nath’s compliance with the legal process.