MHCC020058652024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.931 OF 2024
IN
C.R.NO.54 OF 2024
Shubham @ Harshal Kishor Chavan
Age 26 Years, Occupation: Service,
Residing at Sinhagad Building No.59,
B Wing, Room No.17, Lallubhai Compound,
Near Deonar Municipal Colony,
Mankhurd, Mumbai 400 043.
..Applicant/Accused
Versus
Senior Inspector of Police
Mankhurd Police Station
At the instance of State of Maharashtra.

..Respondent
Appearances :Ld.Advocate Mr.Sanjay Jadhav for the Accused.
Ld.A.P.P.Mrs. Meera Choudhari-Bhosale for the State/ Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 04TH MAY, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.54/2024 registered with Mankhurd Police Station for the offence
punishable under Sections 376, 376(2)(n), 427, 323, 504 and 506 of
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the Indian Penal Code, 1860 and sections 66-E, 67 and 67-C of the
Information Technology Act, 2000.
02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.02. It is adopted by the Ld. A.P.P. The
complainant has filed say at Exh.03 giving ‘no objection’ to grant
bail to the accused.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the complainant and the accused knew
each other from last 5 years. They became friends and were talking
on phone. In the year 2022, their friendship turned into love and
they were meeting each other and talking with each other. He
submitted that their relationship was consensual. Charge-sheet is
filed. The accused was arrested on 01/04/2024. Continued
incarceration of the accused is not required. He submitted that there
are no criminal antecedents attributed to the accused. He is
permanent resident of Mumbai. He is ready to abide by all terms
and conditions imposed by the Court. He has prayed for grant of
bail.
04.

It is the contention of Ld. A.P.P that the offense is
serious in nature. Charge-sheet is filed. If the accused is granted bail,
there is possibility that he will tamper with prosecution evidence and
pressurize the witnesses. She further submitted that the accused
might not remain present for trial and may abscond. She has prayed
for rejection of the application.
05.

It is the contention of the complainant at Exh.3 that she
loves the accused and the entire act was done with her own consent
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and she does not have any objection to grant bail to the accused. She
submitted that the FIR was registered against the accused due to
some misunderstanding and in anger and family pressure. She has
prayed for granting bail to the accused.
06.

Perused record. FIR shows that the complainant and the
accused knew each other for last 5 years. They became friends. Their
friendship turned into love and they were meeting frequently and
talking regularly. In 2023, the accused broke the mobile phone of
the complainant. Thereafter, the complainant stopped taking with
the accused. The accused abused the mother of the complainant by
calling on her phone. In February 2023, the accused threatened to
viral their private pictures and called the complainant at a lodge.
Thereafter, till November 2023, the complainant and the accused
were meeting at the same lodge and having sexual relations. FIR is
lodged on 21/02/2024.
07.

The last incident of sexual relations with the accused
took place in November 2023. But FIR is lodged on 21/02/2024. The
delay in lodging said FIR is not explained. The 5 year long
relationship between the complainant and accused and the
complainant mentioning in the FIR that their friendship had turned
into love and they were meeting frequently at different places;
prima-facie shows that the sexual relationship between the
complainant and the accused was consensual.

Further, the
complainant has given ‘no objection’ to grant bail to the accused in
her say at Exh.3. At this stage, investigation is complete and chargesheet is filed. Thus, for the aforesaid reasoning, continued
incarceration of the accused is not required or warranted.

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Accordingly, the accused can be released on bail by imposing certain
terms and conditions. Hence, the orderORDER
1.

The Criminal Bail Application is allowed.

2.
The accused Shubham @ Harshal Kishor Chavan in
connection with C.R.No.54/2024 registered with Mankhurd
Police Station be released on P.B. of Rs.50,000/- (Rupees
Fifty Thousand) with one or more sureties in like amount, on
following terms and conditions(i)
The accused shall not tamper with prosecution
evidence and witnesses.

(ii)
The accused shall attend the Mankhurd Police
Station as and when called by the I.O. on written
notice, till conclusion of the trial.

(iii) The accused shall not upload any video or
photographs of the complainant on Social
Media.
(iv) The accused shall not leave India without
permission of the Court.
(v)
The accused shall furnish his permanent and
temporary address, if any, and his contact details
to the concerned police station.

(vi)
The accused shall not change his residential
address without prior intimation to the
Investigation Officer and to the concerned Court.

(vii) If the accused disobeys any of the above
conditions, the prosecution is at liberty to
move the Court for cancellation of bail.

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3.
Bail before the Learned Metropolitan Magistrate
Court.

Date: 04/05/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
04/05/2024
04:59 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
04/05/2024
ORDER signed by P.O. on
04/05/2024
ORDER uploaded on
04/05/2024