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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.3447 OF 2021

Ranjeet Chinu Thakur

@ Ranjeet Kumar

.. Applicant

Versus

The State of Maharashtra

.. Respondent

…

Mr. Atin Pathan with Rafiq, Danyaal Tahsildar for the applicant.

Mr.P.H. Gaikwad, APP for the State.

ASI Vishnu Parab from Gorai police station present.

CORAM: BHARATI DANGRE, J.

DATED : 1^st MARCH, 2022

P.C:-

1

Heard learned counsel for the applicant and learned

APP for the State.

2

The applicant is charge-sheeted in connection with

C.R.No.31 of 2021 registered with Gorai police station

u/s.376(2)(n), 354D, 325, 500, 504, 506 IPC and Section 66C,

67A of the Information Technology Act, 2000. With the

assistance of the learned counsel for the applicant, I have perused

the application along with the charge-sheet which compile the

material of investigation conducted in the present C.R.

Tilak

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The case of the prosecution is to the effect that the

applicant and complainant were working at a service centre and

they got acquainted with each other and gradually became

friends. Their acquaintance in the year 2015 blossomed into a

love relationship and physical relationship was also developed in

due course. However, when the complainant realized that the

applicant was already married and had two children, she refused

to allow any physical indulgence, upon which she was threatened

by the applicant that he will use the photographs in his possession

to defame her and in fact, the complaint contain an allegation to

that effect that some of her photographs in objectionable position

were forwarded to her brother-in-law as well as to one of her

friend.

3

The complainant got married to a third person in the

month of November 2020 and the allegation levelled is that the

applicant still demanded sexual favours from her and when she

refused, he also forwarded the obscene photographs of the

complainant to two other persons. The statement of said persons

are recorded during the course of investigation.

When a specific query is made to the learned APP

about any such photographs being uploaded on the social media/

website and whether they have been collected during the course

of investigation, the answer is in the negative.

Tilak

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Barring the statement of one of the friend of the

complainant who had placed on record the Whatsapp chat with

the applicant, and the same being compiled in the charge-sheet,

which do not comprise of any objectionable photographs or

messages as alleged. It is the allegation that the photographs were

also forwarded to the informant’s brother-in-law, but his

statement is not recorded.

4

The complainant, at the time of the incident, was

major and so also the applicant. The investigation reveal that

since they were working in the same Company, they were

acquainted and the acquaintance developed into friendship and

for a long period of time, the couple shared a physical

relationship. But when the complainant became aware that the

applicant had cheated upon her since he is already married, the

relationship became strenuous and did not thrive. At subsequent

point of time, even the complainant is married.

5

The applicant undisputedly will have to take

consequences of the accusations levelled against him during the

course of trial, since now, the entire material against him is

compiled in the charge-sheet, charging him with an offence of

Rape, outrage modesty of a woman and also invoking Section 323

of the IPC along with the relevant provisions of Information

Technology Act.

Tilak