Devashish S/O Rajesh Jain v. The State Of Maharashtra And ANR
Darshan Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3475/2022 DEVASHISH S/O. RAJESH JAIN ..APPLICANT VS.
THE STATE OF MAHARASHTRA & ANR.
..RESPONDENTS ------------ Adv. Niranjan Mundargi a/w Adv. Ashok M. Saraogi for applicant.
Mr. N. B. Patil, APP for State.
PI Patil, Versova Police Station is present.
------------ CORAM : M. S. KARNIK, J.
DATE : DECEMBER 14, 2022.
P.C. :
1.
Learned counsel for the applicant seeks leave to amend the application to delete the respondent no. 2. Leave granted. Amendment to be carried out forthwith. 2.
This is an application for pre-arrest bail in respect of the First Information Report (FIR) registered vide C.R. No. 0649/2022 registered with Versova Police Station on December 7, 2022 for the offence punishable under Sections 376(2)(n), 377, 328, 509 of the Indian Penal Code, 1860 (hereafter 'IPC', for short).
3.
The prosecutrix who is 31 years of age contends to be 1/4
an actor/model, has alleged that the applicant met her on a dating app. Thereafter they went for a drive on 29/10/2022. On 6 to 7 occasions the applicant had forcible sexual intercourse with the prosecutrix. The applicant threatened that he has recorded intimate videos on his mobile which he will make viral. The first act alleged by her was on 29/10/2022. On 12/11/2022, it is alleged that the prosecutrix started feeling uneasy and thought that she may be pregnant. It is alleged that the applicant asked her to abort her child. The applicant took her to the hospital to check whether she is pregnant. She tried to consume some tablets due to mental agony. As the applicant was threatening her, later on she was admitted to the hospital. 4.
The WhatsApp chats are on record which would prima facie reveal that the parties were in consensual relationship. It is pertinent to note that the complainant has filed an FIR against one Ayush, u/s 376 IPC on a previous occasion. Ayush has been granted bail on 4/01/2022. Paragraph no. 3 of the order passed by the learned Sessions Court in the bail application filed by the Ayush reveals that somewhat 2/4
similar allegations are made against the applicant therein. 5.
There are no criminal antecedents against the applicant. Learned counsel for the applicant submits that the applicant is willing to surrender his mobile phone and co-operate. Having regard to the allegations made, in my opinion the applicant can be granted Anticipatory Bail. Hence the following order.
O R D E R
(a) In the event of arrest of the applicant in connection with C.R. No. 0649/2022 registered with Versova Police Station, the applicant - Devashis S/O. Rajesh Jain be released on bail on his furnishing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;
(b) The applicant shall attend the concerned police station on 17/12/2022, 18/12/2022 and 19/12/2022 between 10.00 a.m. and 12.00 noon and thereafter as and when called by the Investigating Officer; (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;
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(d) The applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change; (e) The applicant shall surrender his mobile phone to the Investigating Officer.
6.
The application is disposed of.
(M. S. KARNIK, J.) 4/4