Cri.Bail Application No.306/2024
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MHCC020022102024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.306 OF 2024
IN
C.R.NO.73 OF 2024
Mr. Rohit Kisan Madane
Age 31 Years,
Occupation: Chartered Accountant,
Residing at Sarveshwar Mandir Marg,
Nariman Lane, 134/9 Krishna,
Master Chawl, Kurla (E),
Mumbai 400 070.
Vs.
1. The State of Maharashtra
Ghatkopar Police Station
2. X-Y-Z (First Informant)
..Applicant
..Respondents
Appearances :Ld. Advocate Mr. P.S. Thombre, for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for
State/Respondent.
Ld. Advocate Mr.Arif Ali, for the Intervener.

the
CORAM : H.H.JUDGE DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 29TH FEBRUARY, 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.

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No.73/2024 registered with Ghatkopar Police Station for the offence
punishable under Sections 376, 376(2)(n) and 506 of the Indian Penal
Code, 1860.
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.4.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the sexual relationship with the
complainant was consensual. To support his contention, he has
produced on record whatsapp chat between the complainant and the
accused. He submitted that there are no criminal antecedents against
the accused. He is permanent resident of Mumbai. Continued
incarceration is not required. He is ready to abide by all terms and
condition imposed by the Court. He 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.

She submitted that the investigation is at a
preliminary stage. If the accused is granted bail, there is possibility of
the accused absconding or remaining absent for trial and tampering
with evidence. She has prayed for rejection of the application.
05.

Complainant filed say at Exh.4 resisting the bail
application. Thereafter, on the next day, the complainant filed
affidavit at Exh.5 giving ‘no objection’ to grant bail to the accused.
The victim has also annexed the copy of her Aadhar Card at Exh.06.

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06.

Perused record. FIR shows that the complainant knew
the accused from the year 2021. Their friendship turned into love
affair. They had sexual relations for the first time on 4/12/2021.
Thereafter, from February 2022 to May 2022, they had sexual
relations at Alibag, in June 2022 at Gujarat when they had gone to
reside there for six days, in August 2022 at Lonavala, 30/11/2022 to
05/12/2022 at Dubai, in May 2023 at Bhandup, October 2023 at the
house of the complainant. On 07/11/2023 the complainant asked the
accused whether he is going to marry her but he refused. FIR was
lodged on 30/01/2024.
07.

Sexual relations between the complainant and the
accused many times at different places for the span of 2021 to 2023
prima-facie show that their sexual relationship was consensual.
Further, the whatsapp chat between the complainant and the
accused do not show any promise of marriage. Lastly, after clear
refusal of marriage by the accused on 07/11/2023, the FIR is lodged
on 30/01/2024 i.e. 01 month 03 weeks after the clear refusal.
08.

Taking into consideration that the sexual relationship
between the complainant and the accused was prima-facie
consensual; continued incarceration of the accused is not required.
Further, there are no criminal antecedents of the accused. The
accused is permanent resident of Mumbai. To protect the
complainant and ensure presence of the accused for trial, terms and
conditions imposed on him while grant of bail. For the aforesaid
reasoning, it is found fit to grant bail to the accused by imposing
certain terms and conditions. Hence, the order-
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ORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Rohit Kisan Madane be released on bail in Crime
No.73 of 2024 registered with Ghatkopar Police Station for the
offence punishable under Sections 376, 376(2)(n) and 506 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 Ghatkopar Police Station as and when
called by the Investigating Officer on written notice till
filing of the charge-sheet.

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

3.

Bail before the Ld. Metropolitan Magistrate.

4.

Breach of any condition would entail cancellation of bail.

Date: 29/02/2024
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
29/02/2024
04:22 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
29/02/2024
ORDER signed by P.O. on
29/02/2024
ORDER uploaded on
29/02/2024