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BA No.428/2024
MHCC020028792024
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.428 OF 2024
Vilas Devendra Nayak @ Amir Nayak
Aged 40 years, Hindu Indian Inhabitant,
R/at. Anthony Chawl, Utkarsh Nagar,
Datt Mandir Road, Vakola Pipe Line,
Santacruz (East), Mumbai400 055.
Permanent resident at Village Aliganda,
Tahsil Barampur, Dist. Gajapati,
Thana Adava, State Orissa.
..Applicant
V/s.
State of Maharashtra
(At the instance of Vakola
Police Station, Mumbai in
C.R. No.81/2024).
..Respondent
Appearance :
Advocate Mr. Akbar Ali Khan for the applicant.
APP Mr. R.V. Tiwari for the respondent/State.
CORAM : HHJ SHRI N.G. SHUKLA,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 29.
DATED : 15/03/2024
ORDER
(Dictated and pronounced in open Court)
1.
Applicant/accused who is arrested in Crime No.81/2024 for
the offence punishable under Sections 376, 328, 323, 506 of Indian Penal
Code has filed this application for bail under Section 439 of The Code of
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BA No.428/2024
Criminal Procedure. Prosecution filed say at Exh.2 and opposed the
application.
2.
Notice to the informant was issued to give her opportunity of
hearing on bail application. As per report Exh.3 submitted by police,
informant is not traceable on given address.
3.
I have heard Advocate Mr. Akbar Ali Khan for applicant and
APP Mr. R.V. Tiwari for prosecution.
4.
As per allegations in FIR, accused is doing the business of
house keeping providing jobs of maid to various persons. Accused and
informant are resident of same Village Aliganda, Tahsil Barampur, Dist.
Gajapati, Thana Adava, State Orissa. It is alleged that, on the night of
16.01.2024, accused administered certain unwholesome drug to the
informant and insisted her to stay at his room in the night and committed
rape on her.
5.
Advocate for applicant submitted that, the alleged incident was
happened on the night of 16.01.2024 and FIR is lodged in morning of
19.01.2024. Delay in lodging the FIR is not explained. As per contents of
FIR, accused helped informant to board the train in the afternoon of
18.01.2024. Thereafter, she alighted from the train at Kalyan. Since then
till the morning of 19.01.2024, informant had not lodged report. As per say
of police, victim/informant had not cooperated for medical examination
and she ran away from Kooper Hospital. Mere statement of informant
without medical report is not believable. Victim/informant had lodged false
report against the accused to dominate his image in the village and to grab
money from the accused. Accused is behind bar since 19.01.2024. He is
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BA No.428/2024
ready to abide any condition imposed on him. Hence, advocate prayed to
grant bail to applicant.
5.
APP submitted that investigation is in progress and charge
sheet is not yet filed. Sole statement of the victim who is 29 years of age is
sufficient without medical examination. As per FIR, victim came from
native place by keeping trust and belief on accused to obtain the job.
Accused had no reason to administer unwholesome drug to the victim on
the relevant night. Victim was not strong enough to go at police station
immediately after incident and accused seated her in the train so as to
avoid prosecution. These reasons are cited in FIR. Accused is involved in
the serious offence. If released on bail, he may flee away from justice and
pressurize the informant and tamper the evidence. Hence, APP prayed to
reject the application.
6.
I have considered the submissions. It appears from FIR that,
victim came from native place believing on the words of accused to obtain
the job. On the night of 16.01.2024, accused administered unwholesome
drug and under influence of it, committed rape on her in the night. He had
also tried to deport victim to her native place to avoid prosecution.
Because of this act of accused, the victim could not approach to police.
Reasons are disclosed in the FIR itself to explain the delay. Say of police
discloses that, physical medical examination of the victim was completed
and only at the time of psychiatric examination, victim did not cooperate
and ran from the hospital. So, submission of advocate for applicant in that
regard is not acceptable. Primafacie there is sufficient material to show
involvement of accused in serious offence. Investigation is in progress and
chargesheet is yet to be filed. Victim is from the same village of accused.
If released on bail, accused may pressurize and give threats to the
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BA No.428/2024
informant. In these circumstances, I do not find this fit case to grant bail to
accused. Hence, I pass following order :
ORDER
Bail Application No.428 of 2024 in CR No.81/2024 is rejected and disposed
off accordingly.
Date : 15/03/2024
(N.G. Shukla)
Additional Sessions Judge,
City Civil and Sessions Court,
Greater Bombay
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BA No.428/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer
Upload date and time
Name of the Judge
: Mrs. Shravanti Karre
: 16th March, 2024 (At 03.24 pm.)
H.H.THE ADDL. SESSIONS JUDGE
SHRI N. G. SHUKLA (C.R.No.29)
Date of Pronouncement of Order 15th March, 2024
Order signed by P.O. on
16th March, 2024
Order uploaded on
16th March, 2024