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Criminal Bail Application No.691/2022
CNR NO. MHCC02-0039772022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.691 OF 2022
IN
C.R. NO. 09 OF 2022
Mr. Kamleshkumar Shrinath Yadav
9/D-1, 605, Om Sai Society,
Sangharsh Nagar, Chandivali, Sakinaka,
Mumbai – 400072.

…Applicant
(Org. Accused No.1)
Versus
State of Maharashtra
(At the instance of Kurla Police Station)
…Respondent (Org.
Complainant)
Appearances:
Advocate Mr. Vivek Umesh Koppikar for the applicant/Accused.
APP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 11th APRIL, 2022.
:ORDER:
This is bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”)
for grant of regular bail in connection with Crime No.09/2022 for the
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Criminal Bail Application No.691/2022
offence punishable under Sections 376, 376(d), 328, 354 and 506 of
the Indian Penal Code, 1860 (hereinafter referred to as “IPC”)
alongwith sections 67 and 67(A) of The Information Technology Act
2000 (hereinafter referred to as “I.T.” Act”) registered with Kurla Police
Station.
2.

Heard argument of learned counsel for accused and learned APP
for the State.
3.

Prosecution has alleged that accused was working as Manager at
Sarthi Finance Consultancy and victim was working as Field Officer at
the same place. They became good friends. It is alleged that in July
2017, he came to house of informant and committed rape on her and
when she started crying he told her that he is going to marry her. It is
further alleged that after some days, when informant asked him about
marriage he told her that he has to start business and has to earn
money and avoided to perform marriage. It is further alleged that
thereafter accused left job in Sarthi Finance Consultancy and started
one Krupa Charitable Foundation. It is further alleged that accused
compelled informant also to leave job in Sarthi Finance Consultancy
and she started working as Field Officer in October 2018. It is further
alleged that in October 2019, accused told informant that one new
office is to be started in her name and for that she has to come at
Banaras. It is further alleged that at Banaras accused alongwith coaccused made her arrangement to stay at Hindu University. It is further
alleged that on the next day she was given milk to drink by adding
stupefying substance and thereafter, applicant-accused and co-accused
did sexual relations with her and also video recorded the same. It is
further alleged that thereafter informant and applicant-accused came
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Criminal Bail Application No.691/2022
back to Mumbai. It is further alleged that informant came to know that
applicant-accused is already married and when she questioned
applicant-accused about the same, he gave her threat that he will make
video viral recorded by them. It is further alleged that informant refused
to continue at Krupa Charitable Foundation but applicant-accused again
gave her threat to make video viral, therefore, she had to continue the
job. It is further alleged that applicant-accused started one Company
named Purvik Finance Consultancy and he was putting pressure on
informant to join the Company by giving thret that he will make video
viral. It is further alleged that informant went on 01.03.2021 to do
service there. There also applicant-accused was demanding money from
her and also sexual pleasure by giving threats to make video viral. It is
further alleged that on 12.12.2021, applicant-accused took her in a
lodge and had sexual relations against her wish. It is further alleged
that thereafter when she was refusing to meet him, he was pressurising
her to sell her uterus/ovary. When she was refused for the same he was
giving her threats to involve in false case of money and therefore, she
lodged report with police.
4.

Applicant-accused has contended that he is having wife, daughter
and a son. Applicant-accused has further contended that he is expert in
managing loan accounts on behalf of the investors by sanctioning the
loans to various “Mahila Bachat Gats” and helps the investors in
collection of EMIs, repayments as well as dues from them, through
services provided by his Company. He has further contended that the
loan was disbursed through him only to women and he was expected to
employ hard-working females who could go door-to-door to help
women in getting small loans of about Rs.30,000/- or so. Applicantaccused has further contended that the relation between him and
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Criminal Bail Application No.691/2022
informant was that of a mentor and a close friend. Applicant-accused
has further contended that he and informant had shared the said room
on many occasions only for the economy purpose with no intention of
carrying their relation beyond the limits of their friendship. Applicantaccused has further contended that he never had any sexual intercourse
with informant. Applicant-accused has further contended that he helped
informant financially either directly or through his friends. Applicantaccused
has
further
contended
that
during
2021,
informant
misappropriated part of the money collected by her, on behalf of
Suvidha Patpedhi. Applicant-accused has further contended that on
being detected by the management of “Suvidha” who had contract with
applicant’s Company, original complainant as well as her mother
requested the Bank management as well as applicant in writing that
they would return the amount used by them and requested not to file
police complaint till then. Applicant-accused has further contended that
the money demanded by him during 2021 were for returning the money
misappropriated by informant and to avoid complaint of cheating.
Applicant-accused has further contended that details of this due amount
as submitted by informant are with “Suvidha”. Applicant-accused has
further contended that informant had joined applicant’s firm in
November 2018, probably because of better prospects and cordial
atmosphere. Applicant-accused has further contended that informant
was introduced to applicant’s wife while presenting herself as surety for
her husband in the FIR made by Andheri Police against original
complainant and the applicant along with other accused and therefore,
it is a false allegations that informant was not aware that applicant was
married. Applicant-accused has further contended that trip to Prayagraj
was meant for entire office team and not for any business purpose. But
all their tickets has to be cancelled due to non-availability of
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Criminal Bail Application No.691/2022
accommodation at Prayagraj. Applicant-accused has further contended
that informant named nephews of applicant only to cause further harm
to his reputation within his family by making them part of the
investigation process. Applicant-accused has further contended that
informant has mentioned 20th to 22nd October, 2019 as date of their stay
in Varanasi, the actual dates were from 20-22nd May, 2019. Applicantaccused has further contended that is it possible for any victim to forget
month or even date of her gang-rape in such way. Applicant-accused has
further contended that he filed complaint of cheating at Sakinaka Police
Station, but they did not register any FIR. Applicant-accused has further
contended that informant worked happily with applicant’s firm for two
years even with full knowledge of his marital status and travelled
outside Mumbai, stayed with him in shared room on many occasions.
Applicant-accused has further contended that he and informant are
having healthy WhatsApp Chat for almost two years including several
midnight chats and that chats prove the role of applicant as mentor of
the prosecutrix. Applicant-accused has further contended that informant
on her will and wish intended to volunteer for ‘surrogate pregnancy’
without consent of her parents and needed advice of the applicant and
support if possible. Applicant-accused has further contended that
informant and her mother gave him threats that they will file complaint
of rape if he files police complaint of financial fraud by informant and
prayed to be released on bail.
6.

Prosecution has submitted that if accused is released on bail, then
he may threaten informant and obstruct the investigation. Prosecution
has further submitted that they have seized mobile of accused. They
have further stated that they have drawn spot panchnama and objected
the bail application.

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7.

Criminal Bail Application No.691/2022
It appears, learned counsel for accused has stated that
chargesheet is received by accused in jail. Prosecution has alleged that
accused was working as Manager at Sarthi Finance Consultancy and
victim was working as Field Officer at Sarthi Finance Consultancy. It is
alleged that in July 2017, accused committed rape on informant and
told her that he will marry her. It is further alleged that thereafter
accused left job in Sarthi Finance Consultancy and started one Krupa
Charitable Foundation and informant started working as Field Officer in
the same consultancy. It is alleged that in the year 2019, applicantaccused told informant that she has to come at Banaras to start the new
office in her name and on next day she was given milk to drink by
adding stupefying substance in it and thereafter, applicant-accused
along with other co-accused did sexual relations with her and also video
recorded the same. It is alleged that after coming to Mumbai informant
came to know that applicant-accused is married. It is alleged that
accused gave her threats to make viral her video and therefore, she has
to continue job at accused’s Consultancy. Accused has contended that
his relationship with informant was of mentor and a close friend. He
has contended that he never had any sexual intercourse with informant.
He has contended that informant had misappropriated the funds of
“Suvidha Patpedhi” and she requested in writing to return the amount
used by her. He has contended that informant gave him threat to file a
false complaint of rape if he files complaint of cheating. Accused has
contended that he filed complaint with police also for such cheating by
informant. He has stated that the details are with “Suvidha Patpedhi” of
misappropriation. Accused has contended that if the first rape was
committed in the year 2017 then also informant has continued worked
with him and this FIR is filed in the year 2022. It is alleged that
informant was working with accused since 2017 but she came to know
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Criminal Bail Application No.691/2022
that applicant-accused is married in the year 2019. It is alleged that
accused gave threat to make her video viral in the year 2019 still the
present FIR is filed in the year 2022. Accused has contended that he is
married having children. Considering the circumstances that though it is
alleged that the first rape is committed in the year 2017 and threat is
given to make video viral in 2019, the complaint is filed in the year
2022 and that there are no criminal antecedents of accused brought on
record. Accused has produced photograph of the trip contending that
though photographs are of the time of alleged gang rape on informant
and such photos show that informant was how happy in the photograph
which falsify such contention. Due to all these circumstances, a
possibility that the contention of accused he has not committed rape
cannot be fully ruled out. It is a matter of trial whether accused has
committed such offence or not. There are no criminal antecedents of
accused brought on record. Considering such circumstances, it appears,
no purpose is going to be served by keeping accused behind the bar.
Hence, it will be proper to release accused on bail on some conditions.
Hence, pass following order:
ORDER
1.

Criminal Bail Application No.691 of 2022 is allowed.

2.

Accused viz. Kamleshkumar Shrinath Yadav be released on bail on
his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen
Thousand only), with one or more surety/sureties in the like
amount, in C.R.No.09/2022 for the offence punishable under
Sections 376, 376(d), 328, 354 and 506 of IPC along with
sections 67 and 67(A) of The Information Technology Act 2000
registered with Kurla Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.

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Criminal Bail Application No.691/2022
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused is directed to attend concerned Police Station as and
when required by Investigating Officer for a period of six months
from today.
(iv) Accused shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the court
or any police officer.
(v) Accused shall furnish his mobile number, phone number & his
all addresses including permanent, temporary and postal to the
Investigating Officer and in case of change or discontinue with
the
mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
3.

Criminal Bail Application No.691 of 2022 stands disposed of
accordingly.

Dt. 11.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 11.04.2022
: 11.04.2022
: 11.04.2022
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Criminal Bail Application No.691/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
19/04/2022 at 10.01 a.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 11/04/2022
Judgment/Order signed by P.O.on
11/04/2022
Judgment/Order uploaded on
19/04/2022
(Court