Bombay High Court
Sufiyan Salim Umar vs The State Of Maharashtra on 18 August, 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. 1223 of 2022
Sufiyan Salim Umar .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr. Khalid Azmi for the applicant.
Mr.S.V. Gavand, APP for the State.
Ms. Rohini Jagtap, PSI, Andheri Police Station.
CORAM: BHARATI DANGRE, J.
DATED : 18th AUGUST 2022
P.C:-
1. The applicant is charged of committing offence of rape,
along with section 313 and 420 of IPC. On the complaint lodged
by the prosecutrix on 10/11/2021 in respect of the events and
happenings from 5/12/2014 to 10/9/2019, he came to be arrested
on 8/12/2021. On completion of investigation, charge-sheet is
filed but till date charge has not been framed.
2. On perusal of the accusations levelled against the
applicant, by the prosecutrix aged 32 years, she has stated that
she was introduced to the applicant, who was working in the
company where she was also working and it resulted into a bond
of friendship between the two. As per the complainant, the
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friendship converted into a love affair and it is allege that the
applicant proposed her for marriage, which was readily accepted
by her. However, since they were desirous of prosecuting their
carreer in a more effective way and since the two sisters of the
applicant were yet to be married, the solemnization of the
marriage was postponed.
An incident dated 15/10/2014 is referred to when the
complainant and the applicant were all alone in one of their
friends house and it is alleged that the applicant demanded
sexual favours, which were turned down by the complainant, but
expressing that he is in love with her and in any case they are
going to get married, it is alleged that forceful sexual intercourse
was committed with her. Thereafter various incidents of the
same nature are referred to, which had occurred till April, 2017.
3. It is also alleged by the proxecutrix, that some amount was
demanded by the applicant from the complainant and in order to
satisfy the demand she obtained loan in her name from City
Bank, Juhu and though the applicant had undertaken that he
would clear the EMI, from March, 2020 he failed to deposit any
amount with the bank.
In July 2019, the complainant realized that she had
conceived, but since the marriage was decided to be postponed,
she was forced to terminate the pregnancy. Once again the
pregnancy was terminated, when she conceived and when the
complainant insisted for performance of marriage it is alleged
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that the applicant gave evasive replies and avoided its
performance.
The above allegations resulted in registration of the subject
CR in which the applicant remain incarcerated since 8/10/2021.
4. From perusal of the material compiled in the charge-sheet,
prima facie it can be seen that the applicant and the complainant
shared a close relationship for a period spread over for 5 years
and the complaint came to be lodged for the first time on
10/11/2021 i.e. after a period of 2 years after their refusal of
marriage by the applicant. The prosecutrix is major and capable
of understanding the consequences of the act, and the issue as to
whether she had accorded her free consent for the sexual act,
which took place in the year 2014 will ultimately be a matter of
trial as it will have to be determined whether it was under the
false promise of marriage.
However, the applicant cannot continue to be detained,
when the material against him is compiled in the charge-sheet
and there are no antecedent attributed to him and deserve his
release on bail.
: ORDER :
(a) Application is allowed.
(b) Applicant - Sufiyan Salim Umar shall be released
on bail in connection with C.R.No.1155/21 registered at Andheri Police Station on furnishing P.R. bond to the Ashish Mhaske ::: Uploaded on - 20/08/2022 ::: Downloaded on - 21/08/2022 05:54:35 ::: 4/4 43 BA 1223-22.doc extent of Rs.25,000/- with one or two sureties of the like amount.
The applicant shall be released on cash bail of Rs. 25,000/-, in lieu of surety for a period of four weeks, during the said period the applicant shall arrange for the surety.
(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 Officer. The Applicant should not tamper with evidence.
(d) The Applicant shall make himself available as and when required by the Investigating Officer.
( SMT. BHARATI DANGRE, J.) Ashish Mhaske ::: Uploaded on - 20/08/2022 ::: Downloaded on - 21/08/2022 05:54:35 :::