SUDEEP KUMAR SAHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking anticipatory bail in connection with C.R.No.225 of 2020 registered with Santacruz Police Station on 22/07/2020, under sections 376, 377, 354, 354(c), 384, 365, 323, 452, 504 r/w 34 of the Indian Penal Code and under sections 67(A) of the Information Technology Act, 2000.

(2.) The FIR is lodged by the prosecutrix herself on 22/07/2020. She has stated that she got acquainted with the present Applicant in the year 2016. He was a film producer and director. He wanted a new actor for his films. The first informant was working in Hindi and Bhojpuri films since past 10-12 years. It is her case in the FIR that the Applicant kept in touch with the informant through phone and whatsapp chats. That Applicant had told that he was unmarried and that he was planning to cast her in his movies. In July 2016, under the pretext of giving a role in his film she was called to hotel at Juhu Tara Road. She was taken to a room and against her will, the applicant had sexual intercourse with her. Thereafter the Applicant used to call her to his room near Oshiwala police station at Andheri (W) and another room at D.N. Nagar. He kept physical relations with her till December 2017 at these two places on the promise of marrying her. In July 2017 he picturized a song on her and it was released on an internet platform. The Applicant's behaviour became extremely unbearable to the informant and there used to be quarrels between them. The Applicant showed the informant her personal photographs and more importantly photographs of their physical relations. He threatened to put those photographs and videos on social media and make them viral. The informant realized that the Applicant recorded their intimate moments together. It is her allegation in the FIR that the Applicant also had unnatural sex with her against her will. Every time because of these threats, the informant succumbed to his demands. This went on till May 2019. It is her case that she came to know that the Applicant was already married. On two occasions in between, the informant had become pregnant and had to undergo procedure for MTP. After she came to know that the Applicant was married, she tried to keep distance from him, but the Applicant still forced her on the basis of these threats.

(3.) The Applicant sold one flat to the informant and one to her mother by taking money for that purpose. The FIR goes on mentioning that between December 2019 to January 2020 the informant entered into contract with another producer for five movies. The Applicant was not happy and used to threaten her because of that as well. In March 2020 the Applicant threatened the producer who was giving work to the informant. On one occasion even abducted him for some time. That producer was from Kolkata. In March 2020, the Applicant gave keys of the flat in Deep Tower, Oshiwara to the informant. The informant started using that flat. In April 2020 that producer's wife sent some photographs to the informant showing the informant's private moments with that producer. The informant got suspicious and took search. She found that a spy camera, Dongal, memory card and SIM card were installed surreptitiously in the master bedroom and hall of that flat in Deep Tower. She came to know that the Applicant had installed this instrument for recording her private life. The Applicant started threatening her, that he would put all those recordings on internet. On these allegations the FIR is lodged.