Bombay High Court
Nikhil Bhagatsingh Singhani vs The State Of Maharashtra on 5 February, 2021
Author: Prakash D. Naik
Bench: Prakash D. Naik
Ganesh Lokhande 1 of 6 50-aba-330-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.330 OF 2021
Nikhil Bhagatsingh Singhani ...Applicant
Versus
The State of Maharashtra ...Respondent
.....
Mr. Vikram Sutaria i/b. Mr. Kunal Ambulkar, Advocate for the
Applicant.
Mr. A. R. Kapadnis, APP for the Respondent - State.
API- Prashant S. Tayade, Vashi Police Station, Navi Mumbai.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 5th FEBRUARY, 2021.
PC :
1. The applicant is apprehending arrest in connection with
C.R. No. 305 of 2020, registered with Vashi Police Station on
28th September, 2020 for offences punishable under Sections 354,
354(A), 354(B), 354(D) 323, 504 and 506 r/w. 34 of Indian Penal
Code, 1860 ("IPC" for short).
2. The case of the complainant is that husband of her
friend Mr.Suman Sinha had rented the shop Gala No. 37/42 Ground
Floor, Shiv Centre, Navi Mumbai to the applicant and accused No. 2
from 22nd October, 2018. There were disputes between them over
theft of documents and articles. On 5th May, 2019 the applicant and
accused No. 2 had called Mr.Suman Sinha to have a discussion over
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dispute, but since Mr. Sinha was busy, he had asked his wife Mrs.
Ragini Sinha to proceed. Mrs.Ragini Sinha asked first informant to
accompany her. The first informant and Mrs. Sinha reached the shop
at 2.00 p.m. Applicant and accused No.2 were not there. However,
workers were present. Mrs.Sinha then telephoned accused No.2
Pratiksha Singhani to enquire as to when they are reaching. She was
informed that they are reaching in short time. Two workers started
abusing them and manhandled them. Mrs.Sinha told first informant
to wait there and proceeded to Vashi Police Station for lodging
complaint. Thereafter, applicant and Pratiksha Singhani came there
alongwith two persons. Accused No.2 asked first informant as to why
she came there and started abusing and assaulting her. The hand of
the first informant was twisted by the applicant. He pulled her
dupatta and committed act of outraging her modesty. Her kurta was
torn. Accused No. 2 was instigating the applicant and other persons.
One of them was video recording the incident. Complainant snatched
the phone and threw it on ground. Mrs.Ragini Sinha returned to
spot. Police arrived and all of them were taken to police station. On
the complaint of complainant N.C. complaint was registered under
Sections 323, 504, 506, 34 of IPC. The complainant again visited
police station on 18th May, 2019 but complaint of outraging modesty
was not recorded. On 20th May, 2019 complainant was threatened by
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one Deepak that he has video recording of incident and if complaint
is lodged he would make video viral. Thereafter on 21 st September,
2020 two persons approached complainant and told her not to lodge
complaint and amount of Rs.3,00,000/-would be paid to her. She
was threatened.
3. Learned counsel for the applicant submitted that First
Information Report ("FIR" for short) lodged by the complainant, is
false. The allegations are concocted. The FIR was registered on
24th September, 2020. The incident had occurred at 5 th May, 2019.
The complainant has lodged an N.C. complaint on 5 th May, 2019 for
offences under Sections 323, 504, 506 r/w. 34 of IPC. There is no
whisper about alleged act amounting to outraging modesty. The
complainant then lodged the complaint to police on 11 th September,
2019 in which the complainant has alleged the commission of
offences under Sections 354(A), 354(B), 354(D) of IPC and other
offences. Complainant then filed a private complaint before the
learned Magistrate seeking investigation under Section 156(3) of
Cr.PC on 23rd September, 2019. Learned Magistrate passed an Order
that the complainant is required to be examined for enquiry under
Section 200 of Cr.PC. The said order was challenged by the
complainant by preferring Criminal Revision Application No. 40 of
2020. Pending the said Revision Application and without order being
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set by Court, the complainant had approached the police and by
suppressing the aforesaid facts FIR has been registered.
4. Learned APP submitted that the offence under Section
354 is made out. The photographs indicate that the complainant was
subjected to assault and the complainant has alleged that accused
has outraged her modesty. Learned APP however submitted that it is
not clear whether the concerned police station was informed, about
private complaint and refusal to direct investigation under Section
156(3) of Cr.PC. There is no illegality in registration of FIR.
5. The incident had occurred on 5th May, 2019. Police had
arrived at the spot. Both parties were taken to police station. N. C.
was registered on complaint of complainant for offences under
Sections 323, 504, 506 r/w. 34 of IPC. No allegations of outraging
modesty. Written complaint was filed on 9th September, 2019 wherein
it is alleged that accused have committed offence under Section 354
of IPC. Private complaint was filed seeking investigation under
Section 156(3) of Cr.PC. By order dated 11 th November, 2019 Court
observed that detail enquiry is necessary before issue of process and
complainant should be examined. Hence, instead of investigation
under Section 156(3) inquiry be conducted under Section 200 of
Cr.PC. The complainant preferred revision application before
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Sessions Court challenging Order dated 11th November, 2019 on
24th February, 2019. There exists dispute between applicants and
Mr.Suman Sinha and his wife. Accused No. 4 filed suit before Civil
Judge for eviction. On 24th September, 2020 Mr.Suman Sinha has
lodged FIR against applicant and others for offences under
Sections 452, 380, 427 and 34 of IPC. Considering the aforesaid
circumstances, the applicant need not be subjected to custodial
interrogation.
6. Hence, I pass the following order.
ORDER
i. Anticipatory Bail Application No.330 of 2021, is allowed; ii. In the event of arrest of applicant in connection with C.R. No. 305 of 2020, registered with Vashi Police Station, the applicant be released on bail on executing P. R. Bond in the sum of Rs.25000/- (Rupees Twenty Five Thousand Only), with one or more sureties in the like amount;
iii. The applicant shall report Investigating officer on 11 th, 12th and 13th February, 2021 between 11.00 am. to 1.00 pm. till filling of charge-sheet;
iv. Applicant shall not approach the victim or tamper the evidence Ganesh Lokhande 6 of 6 50-aba-330-21.doc in any manner;
(PRAKASH D. NAIK, J.)