Saurabh Subhashchandra Sukhija v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3211 OF 2024 Saurabh Subhashchandra Sukhija ...Applicant

VERSUS

The State of Maharashtra

...Respondent

....

Ms. Sana Raees Khan, a/w Ms. Juhi Kadu, Advocate for the Applicant.

Ms. Anamika Malhotra, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

04.04.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 235 of 2021 registered at Wanwadi Police Station, Dist-Pune for the offences punishable under Sections 376, 328, 354(D), 380, 385, 500, 504 & 506 of the Indian Penal Code and under Sections 66(C) & 67(A) of the Information Technology Act.

3.

The applicant and the victim got acquainted with each other through Facebook. The husband of the victim was residing abroad. It is alleged that the applicant taking benefit of the said fact came to reside with the victim. It is alleged that while staying with the victim, he committed

forcible sexual intercourse with her. It is alleged that the applicant was in relationship with one more woman. When the victim came to know about it, she went to reside with her husband. It is alleged that applicant then started blackmailing her and even demanded money.

4.

The learned counsel for the applicant submits that the applicant is in jail for four years and the trial has not commenced. It is submitted that the alleged relationship was consensual and the applicant and victim stayed together for about two years.

5.

On the other hand, the learned APP for the respondent/State submits that this Court has already rejected the bail application of the present applicant on merits. It is submitted that considering the nature of crime, the applicant may not be released on bail and the trial be expediated.

6.

The applicant is in jail for four years and the trial has not commenced. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 235 of 2021 registered at Wanwadi Police Station, Dist-Pune for the offences punishable under Sections 376, 328, 354(D), 380, 385, 500, 504 & 506 of

the Indian Penal Code and under Sections 66© & 67(A) of the Information Technology Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.

7.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)