MHCC020072362024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1166 OF 2024
IN
C.R.NO.349 OF 2024
Anil Lalman Bhardwaj
Age 36 Years, Indian Inhabitant,
Occupation: Business,
Residing at Siddharth Nagar,
Behind Muktabai Hospital,
Ghatkopar (W), Mumbai 400 084.

..Accused/Applicant
Vs.
The State of Maharashtra
Through Ghatkopar Police Station
..Complainant/Respondent
Appearances :Ld.Advocate Mr.A.P. Sawant, for the Accused.
Ld.A.P.P.Mrs.Veena Shelar, for the State/ Respondent.
Ld. Advocate Mr. Rohit R. Gangurde, for the Intervener.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 10TH 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.349/2024 registered with Ghatkopar Police Station for the
offence punishable under Sections 376(2)(n), 313, 504, 506 of the
Indian Penal Code, 1860.

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02.

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Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.05. It is adopted by the Ld. A.P.P.
Complainant has filed affidavit at Exh.04 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 sexual relationship between the
complainant and the accused was consensual. Both accused and
complainant are married.

Statement of the complainant under
section 164 of the Code of Criminal Procedure, 1973 is already
recorded.

The accused was arrested on 21/04/2024. 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. Statement of the complainant under section 164 of
the Code of Criminal Procedure, 1973 is already recorded. 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.4 that she
loves the accused and the entire act was done with her own consent
and she does not have any objection to grant bail to the accused. She
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submitted that the FIR was registered against the accused due to
some misunderstanding and in anger. She has prayed for granting
bail to the accused.
06.

Perused record. FIR shows that the complainant and the
accused met in July 2023 in respect of plumbing work in the house
where the complainant was residing. Thereafter, on 15/08/2023 and
September 2023, the accused gave some drink to the complainant
because of which she became unconscious and he established sexual
rations with her. On 10/11/2023 the accused established sexual
relations with the complainant in his house. On 19/02/2024 the
complainant came to know that the accused has performed second
marriage. On 09/04/2024 the complainant came to know that he is
still residing with his wife. FIR was lodged on 21/04/2024.
07.

The first incident of sexual relations between the
complainant and the accused took place on 15/08/2023. The
complainant has not given any explanation for remaining silent from
15/08/2023 till 21/04/2024. Further, sexual relations in the house of
accused himself; prima-facie show that the sexual relations were
consensual. Accused and the complainant both are married with
different people. The complainant is 28 years old having sufficient
maturity to understand the consequences of ones’ act. Most
importantly, the complainant herself has filed Affidavit at Exh. 4
giving ‘no objection’ to grant bail to the accused. Thus, for the
aforesaid reasoning, continued incarceration of the accused is not
required or warranted. To facilitate investigation, the accused can be
directed to attend police station. To protect the complainant, ensure
presence of the accused for trial, avoid future dispute and repetition
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of offence, certain terms and conditions can be imposed upon the
accused. 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 Anil Lalman Bhardwaj in connection with
C.R.No.349/2024 registered with Ghatkopar Police Station
for the offence punishable under sections 376(2)(n), 313, 504,
506 of the Indian Penal Code, 1860 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 Ghatkopar Police
Station on 2nd and 4th Saturday of every month
and as and when called by the Investigating
Officer on written notice, till filing of the chargesheet.

(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 not commit any offence.

(vi)
The accused shall furnish his permanent and
temporary address, if any, and his contact details
to the concerned police station.

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

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(viii) If the accused disobeys any of the above
conditions, the prosecution is at liberty to
move the Court for cancellation of bail.
3.
Bail before the Learned Metropolitan Magistrate
Court.

Date: 10/05/2024
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
10/05/2024
03:57 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
10/05/2024
ORDER signed by P.O. on
10/05/2024
ORDER uploaded on
10/05/2024