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BA-1563-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1563 OF 2021

Nadeem Asad Shaikh

… Applicant

Versus

The State of Maharashtra

… Respondent

…..

Mr. Arun Rajput i/b. Ms. Shabnam Shaikh, Advocate for the

Applicant.

Ms. Anamika Malhotra, APP for the Respondent – State.

…..

CORAM : PRAKASH D. NAIK, J.

DATE : 26^th APRIL, 2021.

PC :

1.

This is an application for bail under Section 439 of

Cr.PC. The applicant is arrested on 13^th October, 2020. The First

Information Report (FIR) was registered on 28^th September, 2020,

with Dindoshi Police Station, Mumbai vide C.R. No. 732 of 2020, for

the offences punishable under Sections 376(2) (n), 354, 354(d),

506(ii) r/w. 34 of Indian Penal Code, 1860 (IPC) and Section 66(E)

of Information Technology Act.

2.

The complainant/ victim is aged around 22 years. She is

a married lady. Her marriage was performed in 2013. They hired

premises on rental basis at Malad, Mumbai from 2016 to 2020. She

stayed at various places alongwith her husband on rental basis. From

February, 2020, she was residing at Malad(E), Mumbai. She was

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confronted by one boy named Faiyaaz. He told her that he wants to

have friendship with her. He used to follow her. He continued to

harass her. She did not respond. One day he handed over a chit to

the complainant and told her to give him call with the promise that

he would stop harassing her. On the next day, the complainant gave

call to Faiyaaz on the cellphone number given by him. He called her

home. The complainant visited the place indicated by Faiyaaz. He

took her inside the premises. No one was in the house. He showed

her knife and bottle of acid. He threatened her. He had forceful

sexual intercourse with her. She did not shout due to fear. He showed

the video recorded by him. She left the place. She did not inform

about the incident to anyone. Thereafter, Faiyaaz used to call her

home. Under the fear of making the video viral, the victim used to

visit the house of said accused. There was physical relationship

between them. The relationship continued for two and half years.

There was physical relationship between them on several occasions.

Under the pretext of going to visit doctor, the complainant used to

leave the house. After about one year, friend of Faiyaaz approached

the complainant. He told her, he likes her. He called her home. She

visited the house and he showed her video of physical relationship

between victim and co-accused Faiyaaz. He threatened that he would

make the video viral. Thereafter, the said accused Nadeem

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(applicant) called the victim to the house of his relative. She was

subjected to sexual intercourse. Under the threats, the accused

induced her to have physical relationship with her for period of

seven to eight months. The victim did not disclose these incidents to

anyone. One day, the complainant was noticed by third accused

Sadiq Patel, who is known to her. He questioned whether she is in

relationship with the co-accused and threatened her that he would

disclose it to her family. Sadiq gave her cellphone number. She met

him. She was subjected to molestation. On 15^th June, 2020 Nadeem

called her and he was insisting that she should meet him. She was

talking to him in low voice, which was heard by her husband. Her

husband took her cellphone and spoke with Nadeem. He suspected

conduct of the victim. Thereafter, her husband kept on enquiring

about it with victim. She disclosed the incidents to her husband.

Thereafter, FIR was registered on 28^th September, 2020.

3.

The applicant and co-accused were arrested. Co-accused

Sidiq Patel to whom the overtact of outraging modesty was

attributed, was granted bail by the Sessions Court vide Order date