FAYAZ AHMAD SIRAJ SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail under Section 430 of Cr.P.C. The applicant came to be arrested on 29.09.2020 in connection with C.R.No.732 of 2020 registered with Dindoshi Police Station for the offences punishable under Sections 376(2)(n), 354, 354(d), 506(ii) r/w.34 of Indian Penal Code, 1860 (IPC) and Section 66(E) of the Information Technology Act.

(2.) It is the case of the prosecution that the informant is a married woman. She resides alongwith her husband on rental basis at Malad, Mumbai. The applicant used to follow and threaten her. One day, the applicant gave a chit to the informant, wherein the cell number of the applicant was written. The applicant was asked her to call on his mobile number. He called her home. She visited the house of the applicant. He showed her knife and bottle of acid and threatened her. He had forcibly sexual intercourse with her, but she did not shout due to the fear. She left the place. Thereafter, the applicant started calling her to his house and used to have a physical relations with her. The relationship was continued for two and half years.

(3.) It is contended that in the year 2019-20, friend of the applicant Nadeem approached the informant and called her in his house. The informant went to the house of Nadeem. He showed her video clip therein the informant was seen in physical relations with the applicant. It is alleged that Nadeem threatened the informant that he would make her video clip viral and asked to keep physical relations with him. Accordingly, the informant succumbed to the pressure and had a sexual relations with Nadeem. The said relations was continued for about a year.