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Criminal Bail Application No.654/2022
CNR NO. MHCC02-003746-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.654 OF 2022
IN
C.R. NO. 874 OF 2021
Mr. Siddesh Sunil Khot
R/at : Flat No.1004, 10th Floor Sugi Sadan,
Dadar, Mumbai – 28.

…Applicant
Versus
State of Maharashtra & Ors.
(Through Dadar Police Station)
…Respondent
Appearances:
Advocate Mr. Vineet B. Redekar 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 : 4th 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.874/2021 for the offence
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Criminal Bail Application No.654/2022
punishable under Sections 376, 420 and 506 of the Indian Penal Code,
1860 (hereinafter referred to as “IPC”) registered with Dadar Police
Station.
2.

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

Prosecution has alleged that informant and applicant-accused
became friends through Facebook. In the year 2017, family members of
accused brought proposal of marriage of accused with informant and
family members of informant also consented for marriage. It is further
alleged that in June 2018, engagement ceremony between informant and
accused was done. It is further alleged that in August 2018, informant
went to house of accused that time accused asked for sexual relations but
informant refused for the sane. But accused told her that they are going to
marry and had sexual relations with her. It is further alleged that in June
2019, in a Resort at Gorai accused told informant that even if his family
members does not give him permission he will marry her and had sexual
relations with her. It is further alleged that in December 2019 also at the
house of accused by saying that accused is going to marry her had sexual
relations with informant. It is further alleged that suddenly from October
2020 accused stopped talking with informant. He blocked her on social
sides. Informant came to know that on 27.11.2020, accused had marriage
with another girl. It is further alleged that in December 2020, accused
again contacted informant and sent her message but informant told him
not to talk with her. But he started doing frequent video calls and messages
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Criminal Bail Application No.654/2022
to her. It is further alleged that accused sent her message on her birthday
but she did not open the same. It is further alleged that on 02.11.2021,
accused was calling informant many times and informant picked up the
phone and told him not to call her again, therefore, accused got angry and
he told her that he is having all her nude photos of the times when they
had sexual relations. He gave threats to informant that he will make all
such photos viral if she does not meet him. Informant told her mother
about such threat and then FIR came to be lodged with police.
4.

Applicant-accused has contended he and informant got engaged and
their engagement was done on 17.06.2018. Applicant-accused has further
contended that informant herself insisted for keeping physical relations
with him and there were consensual relations between them and
informant felt that it would guarantee her marriage with applicantaccused. Applicant-accused has further contended that after engagement,
he came to know that informant is having affair with one Mr. Yash Ahire,
which he came to know from Mr. Yash Ahire, wherein Mr. Yash Ahire
showed photos and videos of him with informant after which applicantaccused and Mr. Yash Ahire went to confront complainant’s family, where
they came to know that the complainant’s family was aware of her relation
with Mr. Yash Ahire, due to which applicant’s family cancelled marriage
with informant. Applicant-accused has further contended that due to such
confrontation by his family and Yash Ahire, complainant’s father and her
uncle abused Mr. Yash Ahire, after which Yash Ahire filed NC No.802 of
2019 with police. Applicant-accused has further contended that thereafter
informant contacted him continuously through social media and her
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Criminal Bail Application No.654/2022
relatives and she went to his office and tried to get in touch with him and
apologised him for cheating and requested him to be at least friend.
Applicant-accused has further contended that informant has filed FIR
against Mr. Yash Ahire having No.67 of 2021, wherein she has mentioned
that, she ended her relation with Mr. Yash Ahire on December, 2018 and he
was the reason for breaking her marriage. Applicant-accused has further
contended that informant has threatened her boyfriend, Mr. Yash Ahire of
filing a similar offence against him, if he testifies against her. Applicantaccused has further contended that he came to know that informant was
still in contact and relation with Mr. Yash Ahire, hence their relation came
to an end as informant was obsessed with Mr. Yash Ahire. Applicantaccused has further contended that there are no obscene and objectionable
photos as alleged by informant. Applicant-accused has further contended
that informant was knowing that applicant-accused was marrying someone
else and after he married, she even congratulated him on Instagram.
Applicant-accused has further contended that after he wished on birthday
to informant, his Instagram Facebook was hacked. Applicant-accused has
further contended that on knowing that applicant’s wife is pregnant, the
informant filed this false case so that he will away from his wife at the time
of delivery to take her revenge. Applicant-accused has further contended
that he had every intention to marry informant, but informant was
unfaithful to him and cheated him twice. Applicant-accused has further
contended that informant has refused to give her mobile for examination
to police. Applicant-accused has further contended that he has lost a good
job due to fake allegations of informant. Applicant-accused has further
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Criminal Bail Application No.654/2022
contended that he is having new born baby and he is sole earning member
of his family and prayed to be released on bail.
5.

Prosecution has submitted that accused stated that after his marriage
with Nikita he has deleted the photos of informant. They have further
submitted that laptop and mobile of accused is sent to Forensic Science
Laboratory. They have further submitted that charge-sheet is filed in this
case.
6.

It appears, as per the allegations of prosecution and accused
informant and accused had engagement ceremony in the year 2018.
Prosecution has alleged that by giving promise of marriage accused had
sexual relations with informant and he has committed rape on her.
Accused has contended that he had intention to marry informant, but she
was unfaithful to him and cheated him twice and she had relationship with
one Yash Ahire, therefore, marriage between applicant-accused and
informant was broken. Prosecution has also stated that the marriage
between applicant-accused and informant was broken but thereafter
accused got married with another girl and after such marriage in
November 2021, accused gave threats to informant that he is having nude
photos of informant and he will make them viral on social media if
informant does not meet her. Accused has contended that he is not having
any such photos. Prosecution has submitted that they have seized laptop
and mobile of accused. Charge-sheet is also filed. It is a matter of trial
whether accused by giving false promise of marriage to informant had
sexual relations with informant. On this point learned counsel for accused
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Criminal Bail Application No.654/2022
has cited Order of the Hon’ble Bombay High Court in case of Mahesh
Balkrishna Dandane vs. The State of Maharashtra in Criminal Anticipatory
Bail Application No.27 of 2014 with Criminal Intervention Application
No.179 of 2014 decided on 12.03.2014, in which it is held that, “However,
every breach of promise to marry cannot be said to be either a cheating or
rape. A couple in love with each other may be having sexual relationship
and realize that they are not compatible and sometimes love between the
parties is lost and their relationship dries gradually, then earlier physical
contacts cannot be said as rape. A marriage cannot be imposed, as a search
of life partner depends not only on physical compatibility but also on
emotional, psychological bonding. It is a matter of choice related to
individual’s notions of suitability, emotional, psychological comfort and
biological requirement. Thus while granting anticipatory bail, all these
factors are required to be considered.” In the case in hand it is a matter of
trial whether relationship between the parties ended as informant and
accused had some dispute due to informant having connection with Yash
Ahire or accused had sexual relations with informant by giving her false
promise of marriage. Therefore, this case law is applicable to the case in
hand.
7.

Learned counsel for accused has cited Order of the Hon’ble Bombay
High Court in case of Mr. Tejas Udaykumar Sarvaiya Vs. The State of
Maharashtra & Ors. in Anticipatory Bail Application No.105 of 2016
decided on 07.04.2016, in which it is held that, “An act may not be moral
but it is not illegal. Every society has its own set of morality, so each
person inculcates his/ her moral values. To compromise with those values
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Criminal Bail Application No.654/2022
or not is always a decision of that individual. Under these circumstances, it
is expected that a woman has capacity to understand the consequences
and her decision to have sexual relationship is to be considered as
voluntary and conscious decision. To have temptation to get involved into
such kind of relationship is not a fraud. If there is a break-up and the
person refuses to marry, then, though it is unfortunate the frustration of
break-up cannot be converted into offence of rape.” In the case in hand
informant is an adult and informant and accused got involved in sexual
relations before their marriage is performed. Prosecution is alleging that by
giving false promise of marriage accused involved in sexual relations. But
accused is contending that the relationship was broken due to dispute
between them. Therefore, this case law is applicable to the case in hand.
8.

As discussed above, prosecution has seized mobile and laptop of
accused. Charge-sheet is filed in this case. It is a matter of trial whether
informant’s consent was obtained by accused by giving false promise of
marriage. There are no criminal antecedents of accused brought on record.
Considering such circumstances and allegations 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.654 of 2022 is allowed.

2.

Accused viz. Mr. Siddesh Sunil Khot 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
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Criminal Bail Application No.654/2022
C.R.No.874/2021 for the offence punishable under Sections 376,
420 and 506 of IPC registered with Dadar Police Station on the
following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused is directed not to circulate or upload any photos of
informant in any manner till disposal of the case.
(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.654 of 2022 stands disposed of
accordingly.
Dt. 04.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 04.04.2022
: 04.04.2022
: 04.04.2022
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Criminal Bail Application No.654/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
07/04/2022 at 12.18 p.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 04/04/2022
Judgment/Order signed by P.O.on
04/04/2022
Judgment/Order uploaded on
07/04/2022
(Court