Cri.Bail Application No.368/2024
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MHCC020026062024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.368 OF 2024
IN
C.R.NO.467 OF 2023
Bhushan Sudhir Shenvi
Age 29 Years, Occupation: Service,
Residing at C-001, Sakshant Apartment,
Bakery City, Vejalpur, Ahmadabad,
Pin Code 380 059.

..Applicant/Accused
Vs.
The State of Maharashtra
Through Dadar Police Station
..Respondent
Appearances :Ld. Advocate Ms. Priyanka S. Dable for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/
Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 07TH MARCH, 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.467/2023 registered with Dadar Police Station for the offence
punishable under Section 376(2)(n) of the Indian Penal Code, 1860.

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02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
Complainant has filed say at Exh.03.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that there was love relationship between the
complainant and the accused. The accused was ready to marry with
the complainant but the complainant wanted a live in relationship.
The accused refused to go for a live in relationship and the
complainant started giving him threat to implicate him in false case.
The present accused has also given a complaint in this regard to the
Dadar Police Station on 04/03/2023 and to Malad Police Station on
05/03/2023. Similarly, copy of said complaint is sent to the Deputy
Chief Minister of Maharashtra, Director General of Police, Human
Rights Commission and Commissioner of Police on 06/03/2023. She
further submitted that the trial will take a long time to conclude. The
accused did not have any contact with the complainant from
23/02/2023. FIR is lodged on 11/11/2023. Accused is arrested on
03/02/2024. Continued incarceration is not required. There are no
criminal antecedents of the accused. The accused is permanent
resident of Gujarat. He is ready to abide by all terms and condition
imposed by the Court. She has prayed for grant of bail to accused.
04.

It is the contention of Ld. Addl.P.P that the offence is
serious in nature. Charge-sheet is sent for checking but not yet filed.
She submitted that if the accused is granted bail, he would pressurize
and threaten the complainant and the witnesses. The permanent
residency of accused is at Gujarat. If the accused is granted bail,
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there is possibility that he will not remain present for trial. She has
prayed for rejection of the application.
05.

Perused record. FIR shows that the complainant and
the accused met in an official meeting. Thereafter, on 20/08/2022
they met at Andheri Station and went to the house of the accused.
As the accused forced the complainant, she stayed at night at his
house. The accused told her that he likes her, he loves her and that
they would marry soon. By giving promise of marriage, the accused
established sexual relations with the complainant. After few days,
the accused came to the house of complainant and again by giving
promise of marriage established sexual relations with her. On
03/01/2023, there was dispute between the complainant and the
accused on some petty reason and the accused told her that he would
not marry her. From 23/02/2023, the accused stopped receiving calls
of the complainant. FIR was lodged on 11/11/2023.
06.

Plain reading of the FIR shows the complainant and the
accused had sexual relations in the house of the complainant herself
and also accused. Whether the promise of marriage was false from
inception is a question of evidence and can be gathered only after
trial.

The accused refused to marry with the complainant on
03/01/2023 and stopped receiving her calls from 23/02/2023. But the
FIR is lodged on 11/11/2023 i.e. after period of 9 months from the
time the accused stopped talking with the complainant. Further, the
present accused has lodged complaint against the present
complainant on 04/03/2023 that she is threatening to implicate him
in false rape case.

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07.

Advocate of the accused has relied upon the case of
Mandar Deepak Pawar Vs. The State of Maharashtra & Anr. In
Criminal Appeal No(s). 442/2022 decided on 27/07/2022, wherein it
was held that the parties choose to have physical relationship
without marriage for a considerable period of time. For some
reason, the parties fell apart. It can happen both before or after
marriage. In the present case, it is the contention of the advocate of
the accused that the accused did intend to marry with the
complainant but due to temperamental differences, they fell out. As
the facts of the two cases are similar, the above ratio is applied.
08.

Taking into consideration that the complainant and
accused has sexual relationship in the house of the complainant
herself and in the house of the accused prima-facie show consensual
sexual relationship. Even after, clear refusal of marriage by the
accused on 03/01/2023, no contact of the accused with the
complainant from 23/02/2023; the FIR is lodged on 11/11/2023.
There is delay in lodging the FIR. At this stage, investigation is
complete, charge-sheet is sent for checking but not filed yet. Thus, it
is clear that continued incarceration of the accused is neither
necessary nor warranted. There are no criminal antecedents of the
accused. The accused is permanent resident of Gujarat. To ensure his
presence for trial, his physical attendance at Dadar Police Station
once in every four months till conclusion of trial can be directed.
Similarly, to protect the complainant, avoid future dispute,
repetition of offence, to ensure the presence of the accused for trial,
certain terms and condition can be imposed on the accused. For the
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aforesaid reasoning, it is found fit to grant bail to the accused by imposing
certain terms and conditions. Hence the order-
ORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Bhushan Sudhir Shenvi be released on bail in
Crime No.467 of 2023 registered with Dadar Police Station for
the offence punishable under Section 376(2)(n) of the Indian
Penal Code, 1860 on executing P.R. Bond of Rs.50,000/- with
one or more surety/sureties in like amount, on the following
conditions :a) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Dadar Police Station on the 1 st Sunday of
April, August, December from 10:00 a.m. to 10:30 a.m.
till conclusion of the trial.

c) He shall not commit any offence in future.
d) He shall not contact the complainant, witnesses and their
family members directly or indirectly by any means till
conclusion of the trial.

e) He shall not upload any video or photographs of the
complainant on Social Media.

f) He shall not leave India without permission of the Court.
g) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

h) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

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3.

Bail before the Ld. Metropolitan Magistrate.

4.

Breach of any condition would entail cancellation of bail.

Date: 07/03/2024
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
07/03/2024
02:29 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
07/03/2024
ORDER signed by P.O. on
07/03/2024
ORDER uploaded on
07/03/2024