MHCC020043492024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.677 OF 2024
IN
C.R.NO.76 OF 2024
Shri Rajendra Harischandra Gharat
Aged about 44 Years,
Residing at Gharat House,
Room No.24, Payalipada,
Trombay, Mumbai 400 088.

..Applicant/ Orig.Accused
Versus
1) The State of Maharashtra
2) Sr. Inspector of Police
Trombay Police Station, Mumbai.

..Respondent
Appearances :Ld.Advocate Mr.S.A. Mhatre 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 : 12TH APRIL, 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.76/2024 registered with Trombay Police Station for the offence
punishable under Sections 376, 376(2)(n), 313 and 406 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.02. It is adopted by the Ld. A.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 the accused is falsely implicated. The
relationship between complainant and the accused is purely
consensual in nature and no force was applied. The accused was
arrested on 22/02/2024. Charge-sheet is already filed. He submitted
that continued incarceration of the accused is not required. There are
no criminal antecedents attributed to the accused. The accused is
permanent resident of Mumbai. He is ready to abide by all terms
and condition imposed by the Court. He has prayed for grant of bail
to the accused.
04.

It is the contention of Ld. A.P.P that the offence is
serious in nature. Investigation is complete. Charge-sheet is filed. If
the accused is granted bail, he would pressurize the complainant,
hinder the investigation and tamper with evidence. If the accused is
granted bail, there is possibility that he would abscond and not
remain present for trial. She has submitted that application may be
rejected.
05.

Perused record. FIR shows that the complainant is a
married woman having two children and living separately from her
husband. In 2015, the complainant met the accused. In May 2017,
they had sexual relations for the first time. The complainant has
done two abortions on conceiving by the accused. They had sexual
relations from 2017 to 2023 at different places. The last sexual
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encounter with the accused was on 14/04/2023. FIR was lodged on
21/02/2024.
06.

Taking into consideration that the complainant and the
accused had sexual relations from 2017 to 2023 at different places
and she had also conceived and done the abortion twice, prima-facie
shows that their sexual relationship was consensual. Most
importantly, the complainant is married and is not legally available
for second marriage with the accused. After the last sexual encounter
allegedly on 14/04/2023, the FIR is lodged on 21/02/2024 i.e. after a
delay of 10 months. The complainant is 33 years old and having
sufficient maturity to understand the consequences of one’ act. At
this stage, investigation is complete and charge-sheet is filed. Thus,
continued incarceration of the accused is not warranted.
07.

Further, there are no criminal antecedents attributed to
the accused. The accused is permanent resident of Mumbai.
Similarly, to protect the complainant and ensure the presence of the
accused for trial, certain terms and condition can be imposed on
him. For the aforesaid reasoning, it is found fit to grant bail to the
accused by imposing certain terms and conditions. Hence the orderORDER
1.

The Criminal Bail Application is allowed.

2.
The accused Rajendra Harischandra Gharat be
released on bail in Crime No.76 of 2024 registered with
Trombay Police Station for the offence punishable under
Sections 376, 376(2)(n), 313 and 406 of the Indian Penal
Code, 1860 on executing P.R. Bond of Rs.50,000/- with
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one or more surety/sureties in like amount, on the
following conditionsa) He shall not tamper with prosecution witnesses
and evidence.

b) He shall attend Trombay Police Station as and
when called by the Investigating Officer on
written notice.

c) He shall not commit any offence in future.
d) He shall not contact the complainant and witness
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.

3. Breach of any condition would entail cancellation of bail.

Date: 12/04/2024
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
12/04/2024
01:02 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
12/04/2024
ORDER signed by P.O. on
12/04/2024
ORDER uploaded on
12/04/2024