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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 833 OF 2022
(CNR No. MHCC02­004725­2022)
Sajir Ahmed Mazumder
s/o Akram Ali Mazumder
)
)
… Applicant / Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Colaba Police Station)
Ld. Adv. Chaudhari for Applicant / Accused.
Ld. APP. Kalpana Hire for State/Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 30.04.2022.
ORDER
1.

This is application for bail u/s. 439 of Cr.P.C. in C.R.

No. 204 of 2021 registered with Colaba Police Station for the offences
punishable u/s. 376 and 420 of I.P.C.
2.

As per FIR, the complainant got acquainted with accused
on 02.11.2021. After acquaintance they shared their mobile number.
During communication the accused expressed that he likes her and
intent to marry. Meanwhile, the family members of the complainant
were looking for marriage proposal of the complainant. At that time
the brother of the complainant brought the love relations between
complainant and accused to the knowledge of her parents. Meanwhile,
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the accused started insisting the complainant to marry with her and
used gave threats to cause self injury on refusal.
3.

It is alleged that on 18.2.2020 the accused took the
complainant to his shop and developed physical relation with her.
Thereafter, the accused repeatedly committed sexual intercourse with
her. Meanwhile, the complainant, missed her menstruation period. The
complainant verified her pregnancy with the help of pregnancy kit.
Meanwhile, miscarriage took place in the month of April when father of
the complainant was admitted in the hospital. It is alleged that on
29.09.2020 the accused went to his native place and not fulfilled the
promise of marriage. Therefore, the matter is reported to the police.
4.

The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. It is submitted on behalf of
the Applicant that the relation between complainant and accused were
consensual. There is delay in filing complaint. It is submitted that sexual
intercourse in the pretext of the marriage is not amount to rape.
Therefore, applicant prayed for release on bail.
5.

The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the matter is
serious. It is further submitted that after the offence the accused fled
away to Assam and he came to be arrested from his native place
Hailakandi, State­ Assam. Therefore, if the accused is granted bail, then
there will be every possibility that accused will tamper with the
prosecution evidence. So also, there is every possibility that he will
threaten the victim and prosecution witnesses. Therefore, the
prosecution strongly objected for release of accused on bail.

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6.

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After going through the Prosecution case and argument
advanced it appears that the complainant and accused are aged about
23 years. They fall in love. However, the accused started insisting the
complainant for marriage and for having intimate relation. It is specific
case of complainant that the accused is used to give threats to cause self
injury by sharp weapon and therefore in compelling circumstances and
due to the promise given by the accused, accused succeeded to have
intimate relation with her. The complainant further submitted that on
26.2.2020 when she refused for having psychical relation the accused
consumed phenol and due to which he was admitted in G.T. Hospital.
She further submitted that at that time his statement came to be
recorded by the police. It is alleged that the complainant became
pregnant due to the said relation. However, the accused not took any
steps for their marriage. Meanwhile, the father of the complainant was
admitted in the hospital, therefore, the complainant was not in position
to disclose the fact of her pregnancy to her family members. Thereafter,
due to the stress miscarriage took place. The accused thereafter went to
his native place and refused to marry with the complainant. From the
FIR it appears that the accused insisted the complainant for physical
relation by giving threat to cause self injury and also made attempt to
that effect. Therefore, it cannot be said the consent was a free consent.
The Accused came to be arrested from his native place Assam.
Therefore, the previous bail application of Accused came to be rejected.

7.

However, now the investigation is completed and Charge­
sheet is filed. It will take time to decide matter on merit. The bail can’t
be refused merely because he is not local resident. The remedy is
available to file an application for cancellation of bail in case of
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violation of condition of bail. Hence, I hereby proceed to pass following
Order :­
ORDER
1.

The Bail Application No. 833 of 2022 is hereby
allowed.
2.

The Applicant / Accused Sajir Ahmed Mazumder S/o
Akram Ali Mazumder be released on bail, in C.R. No. 204 of
2021 registered by Colaba Police Station on furnishing P.R.
Bond of Rs. 40,000/­ (Rupees Forty Thousand only) with one
or more solvent sureties in the like amount.
3.

The Applicant is further directed to visit Colaba
Police Station once in a week, i.e. every Thursday between
4.00 to 6.00 p.m. and to maintain the diary in respect of the
visit till conclusion of trial.
4.

The Applicant shall not leave Maharashtra State
without prior permission of the Court.
5.

The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and Election
Card, if any.
6.

The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.

The Applicant is further directed not to tamper with
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the prosecution evidence or witnesses.
8.

The Applicant 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 him from
disclosing such facts to the Court or to the Police Officer.
9.

The Applicant shall regularly attend the case on each
and every date.
10.

The Applicant is further directed not to visit the
place where Prosecution witnesses are residing or to contact
them.
11.

In case of the violation of condition of bail the
prosecution is at liberty to file an application for
cancellation of bail.
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.

Date :­ 30.04.2022.
Dictation Typed on
Checked & Signed on
:­ 30.04.2022.
:­ 02.05.2022.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02.05.2022 at 3.45 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 30.04.2022
JUDGMENT/ORDER signed by P.O. 02.05.2022
on
JUDGMENT/ORDER uploaded on
02.05.2022