(35)BA-268-2021.doc

rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.268 OF 2021

Mohasin Nisar Dongre

]

..

Applicant

vs.

State of Maharashtra

]

..

Respondents

Mr.Niranjan Mundargi i/b Omneel Jadhav for the Applicant.

Mr.S.V. Gavand, APP for the State.

CORAM :

BHARATI DANGRE, J

DATE :

4TH AUGUST, 2022.

P.C.

1]

The applicant came to be arrested on 19.04.2020 in connection

with CR No.218/2020 registered with Shil Daighar Police Station,

District-Thane, for the offences punishable under Sections 376, 354,

368, 388, 420, 323, 506 of the Indian Penal Code.

2]

The aforesaid offence came to be invoked on the complaint filed

by the Prosecutrix, aged 38 years, who stated that she was estranged

from her husband and she was residing with her son on the given

address.

She stated that she was introduced to the present applicant, who

was a cab driver and she used to engage his services frequently. They

shared mobile number and a love affair developed between them which

culminated into establishment of physical relationship.

1/4

RAJSHREE

KISHOR

MORE

Digitally

signed by

RAJSHREE

KISHOR

MORE

Date:

2022.08.06

15:52:41

+0530

(35)BA-268-2021.doc

3]

As per the complainant, the applicant expressed that he will

perform marriage with her, but since his relationship with his wife and

family was estranged he was residing all alone.

The complainant has alleged that on 24.02.2020 the applicant

was found in objectionable position in the car belonging to her

alongwith a girl and hence she cut off the relationship with him. He,

however, tendered his apology. A pen drive was found in her vehicle

which according to the complainant contained her objectionable

pictures as well as certain nude pictures of other girls and boy. This

was the cause of split between them and he consumed some

substance and was admitted in the hospital, which resulted in

registration of CR No.255/2020 on 04.03.2020 under Section 385 of the

Indian Penal Code, where complainant is arraigned as accused.

4]

The complainant referred to an incident dated 18.04.2020 where

she alleged that she was forced in sexual intercourse and she was

assaulted. It is also alleged that he assaulted her in a lift and abused

her. This was the cause for complaint, in which the applicant is

arraigned as accused.

5]

The medical report refer to certain bruise and scratch marks

over her right breast. Apart from this no injuries of assault are noticed.

As far as examination of the private part is concerned, since she

was habitual to sexual intercourse being a married woman, the report

do not establish any case.

6]

The learned counsel for the Applicant has placed on record copy

of the CR invoking Section 385 of the Indian Penal Code filed with

Mumbra Police Station against the present complainant and it refer to

2/4

(35)BA-268-2021.doc

incident dated 04.03.2020 where he makes a reference to the

objectionable pictures/ videos of the applicant and it is alleged that for

not making the same public, she demanded an amount of Rs.15 Lakh.

This constrained him to consume sleeping tablets and therefore

complaint is lodged against the complainant.

7]

The incident which is reported two months prior to the lodging of

the complaint by the complainant is also required to be taken into

account while deciding the application. However, truth can only be

revealed at the time of trial. As far as accusation under Section 376 are

concerned the complainant has specifically stated that she had

established physical relationship with the applicant and whether the

physical indulgence on 18.04.2020 is forcible and against her will, will

be determined at the time of trial.

8]

Considering the material compiled in the charge sheet and since

the applicant is incarcerated for last two years, he deserve to be

released on bail, subject to condition that he shall not in an