Bombay High Court
Satish Vyankoji Vijapure vs The State Of Maharashtra on 19 July, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.4388 OF 2021
Satish Vyankoji Vijapure .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Ms.Anjalli Patil with Ms.Mallika Sharma for the Applicant.
Mr.S.V.Gavand, A.P.P. for the State/Respondent.
...
CORAM: BHARATI DANGRE, J.
DATED : 19th JULY, 2022
P.C:-
1. The applicant came to be arrested on 20/10/2021 in
connection with the C.R. which invoke Sections 323, 328, 376,
420, 504, 506(2) of the I.P.C. At present, he is incarcerated in
Arthur Road Central Prison and seeks his release on bail.
2. The prosecutrix, who is aged 35 years, reported to the
police station that she was working as T.C.. On 26/06/2014,
she received a message on Facebook from the applicant. They
being introduced to each other, exchanged their mobile
numbers and remained in contact with one another on phone.
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Thereafter, they met in person and the applicant proposed her
for marriage, by giving an impression that they will solemnize
the marriage, after six months.
3. The narration of the prosecutrix is to the effect that she
started trusting the applicant and since, he was in need of
money, she used to arrange for the amount from time to time.
The payment made by her to the applicant from March 2015 to
February 2020 has been alleged to be Rs.7,47,580/- in form of
cash. Further, the prosecutrix has also stated that she
transferred various amounts in the name of his friends by
Google-pay and this amount is to the tune of Rs.88,000/-.
The prosecutrix allege that she parted with the sum of
Rs.24,00,000/- from time to time to the applicant and accused
him of being abusive. When she insisted for performance of
marriage, it was revealed to her that he was already married
at the insistence of his father, but he assured her that he would
divorce his wife.
4. It is alleged that on 29/02/2020, by spiking her drink, he
committed sexual intercourse with her and when the
prosecutrix confronted him about the said act, he apologized to
her. She further narrate that she continued to render fnancial
assistance to him. On 03/02/2021, one woman called her and
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informed her that the applicant had established physical
relationship with her and she has also paid money to him. The
prosecutrix then realized that the applicant had defrauded her
and she was made to part with Rs.24,00,000/- and was also
subjected to forcible sexual intercourse on 29/02/2020. This
resulted in lodging of the complaint, invoking the offence of
rape alongwith the offence of cheating against the applicant.
5. Learned counsel Ms.Anjali Patil has invited my attention
to a complaint dated 14/06/2021 fled by the present applicant
with Sr.P.I., Dharavi, Mumbai where the applicant has levelled
accusations against the prosecutrix and he alleged that the
prosecutrix was forcing him for performance of marriage and
she had forced him for establishing sexual relationship under
the threat that she will commit suicide. A reference is also
made to a loan amount obtained from a jeweller to the tune of
Rs.1,50,000/- and the applicant repaid the said loan and
receipts to that effect were also tendered. It was also alleged
that the prosecutrix was forcing him to perform marriage by
divorcing his legally wedded wife.
Alongwith the said complaint, an affdavit-cum-
declaration, under the signature of the prosecutrix dated
14/02/2021, is also placed on record. The said undertaking
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refers to a gold necklace, being given to the applicant, which
was mortgaged with Ambika Jewellers and it is recorded that
the applicant had returned the gold necklace from the said
jeweller to the prosecutrix.
The deposit receipts and several transactions are also
placed on record.
6. The prosecutrix, aged 35 years, is capable of
understanding the consequences of her act and accused the
applicant that he has obtained money from her on various
occasions and has cheated her. In contrast, prior to lodging of
the complaint, the applicant himself had reported to the Senior
P.I., Dharavi Police Station through his counsel, about the
misdeeds of the prosecutrix and his complaint is prior in point
of time.
7. In any case, the charge-sheet has been fled on
completion of investigation and further, judicial custody of the
applicant becomes unnecessary. The applicant is arrested on
20/10/2021 and he faces the accusations spread over for a
period of 7 years, preceding the said complaint. The
relationship shared by the two has clearly surfaced in the
charge-sheet. Whether the amount advanced by the
prosecutrix to the applicant, is by playing fraud, would be a
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matter of trial. The applicant, therefore, deserve his release
on bail. Hence, the following order.
: ORDER :
(a) Application is allowed.
(b) Applicant - Satish Vyankoji Vijapure shall be
released on bail in connection with C.R.No.770 of 2021 registered with Dharavi Police Station on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties of the like amount.
(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 Offcer. The Applicant should not tamper with evidence.
(d) The applicant shall mark his attendance before the Investigating Offcer on frst Monday of the month,till framing of charge.
(e) The applicant shall not establish contact with the prosecutrix, either personally or through any other mode of contact and shall not threaten her in any manner.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 21/07/2022 ::: Downloaded on - 22/07/2022 07:45:24 :::