1

IN THE HON’BLE SESSIONS COURT AT BELAPUER

ANTICIPATORY BAIL APPLICATION No. OF
2021
DISTRICT: THANE
Application under Section

438 of Cr.P.C. for

anticipatory bail in C. R.

No. 0164/2023 registered

with NERUL POLICE

STATION, NAVI MUMBAI

Ramesh Gundu Benke )

Age 53 years, Occ: )

Residing at: R/o, House No 253/1

At Post Mangoanwadi, Tal- Chandwad

Kolhapur. Maharashtra )…Applicant

Versus

The State of Maharashtra )

Through Nerul Police Station, Navi Mumbai ).

Respondent
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TO

THE HONOURABLE JUDGE AND OTHER

HONOURABLE PUISNE JUDGES OF THIS

HONOURABLE SESSIONS COURT OF JUDICATURE AT

PANVEL

THE HUMBLE APPLICATION OF THE

APPLICANT ABOVENAMED

MAY IT PLEASE YOUR HONOUR,

The Applicant/Accused above named do hereby

respectfully states and submits as under:

1) The Applicant is apprehending arrest in C. R. No. 0164

of 2023 registered with Nerul Police Station, Navi
Mumbai for offences punishable U/s 323,354A, 376(2)
(n), 406,498A, 504, 506 of Indian Penal Code, on the
basis of complaint filed by the victim girl.

2) The Applicant/Accused submits that he is abide by rule

and regulation of India and peace-loving person.
a) The Applicant/Accused submits that he is never
implicate in any criminal cases through any
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office concerned and nor from any individual

person except this present case.

3) The Applicant/Accused submits that the present

complainant in short as under.
a) That the present crime registered at the
instance of the victim girl against the present
accused and other accused persons.
b) It is the case of the complainant that
complainant got married with the accused
person Sandesh Pawar on 20/04/2017 at Nerul.

c) It is the case of the complainant that, after

marriage complainant went to her matrimonial
house at Nerul where father in law, mother in
law and brother in law were residing as joint
family. It is further case of the complainant
that, after marriage accused husband started
taunting complainant as she did not gave
dowery and gold in marriage, also abused and
harassed mentally and physically thereby
saying to resign from job and do household
work.

d) It is further case of the complainant that in

the year 2018 father in law and mother in law
thrown her and her husband out and forced
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them to stay of service quarters house CBD

Belapur.

e) It is further case of the complainant that the

accused persons abused complainant as she is
not able to give birth to child and abused,
harassed her mentally and physically.
Complainant undergone IVF treatment.

f) It is case of the complainant that the

complainant tried to convince the accused
persons thereby taking the help of the
mediators and meetings but all efforts are in
vein.

g) It is the case of the complainant that accused

persons took around 17lakhs from complainant
thereby causing her physical and mental
harassment.

h) It is the case of the complainant that the

accused husband took complainant to the
(Present applicant) astrologer- at Dombivli
against the will of the complainant and the said
accused / Astrologer touched the complainant
inappropriately and outraged her modesty it is
further case of the complainant that the said
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astrologer gave medicine which accused

husband asked complainant to take the same
after coming back to home

i) It is the case of the complainant that she has

been asked to have physical relationship with
other persons. It is the case of the complainant
that in the year 2020 came at house and was
discussing something privately with
complainant her husband. That after the dinner
complainant husband gave her medicines
given by the astrologer which she took and got
unconscious thereafter when complainant got
conscious, she realized that something bad
happened with her. Thereafter complainant
husband showed her nude photos with accused
Akshay khandekar and threatened to sleep
with him based on these facts and
circumstances which are mentioned in detailed
in the statement of the complainant / victim
the present crime came to be registered with
the respondent police station. Hereto marked
and annexed Exhibit – A is the copy of the
FIR.
4) The prosecution alleged that applicants is involve in this
crime, it is false, baseless, concocted and malafide. The
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Applicants/Accused submits that on the basis of this

allegation by the prosecution the police registered the
CR against the present Applicant/Accused vide
CR.No.0164/2023.

5) Hence, the Applicant begs to approach this Hon’ble High Court on

the following amongst other grounds, which are inter alia and
independently set forth without prejudice to each other:-

GROUNDS

a) That the Applicant is innocent and falsely implicated in

the alleged crime at the strength of a completely false
accusation.

b) The Applicant submits that the there is no complicity of

the Applicant whatsoever in the alleged crime.

c) That the police authorities are plainly acting under the

pressure or inducement of the Informant and precisely
upon his bare statement supported by no cogent material
so far as the present Applicant is concerned.

d) The Applicant submits that the police machinery is

actively hands in gloves with the informant.

e) The above named Applicant most respectfully submits

that he is innocent and falsely implicated in this crime.

f) The above named Applicant most respectfully submits

that the allegations made in the First Information Report,
 7

even if they are taken at their face value and accepted in

their entirety do not prima facie constitute any offence

punishable U/s 323,354A, 376(2)(n), 406,498A,

504, 506 of Indian Penal Code.

g) The present Applicant respectfully submits that the FIR is

vague and nebulous and the same is registered to wreak
vengeance against the Applicant.

h) The above named Applicant most respectfully submits

that the ingredients of U/s 323,354A, 376(2)(n),

406,498A, 504, 506 of Indian Penal Code are ex-

facie not attracted to the facts of the present case.

i) The above named Applicant most respectfully submits

that the elements of the offences with which the present
Applicant is charged are not at all spelt out in the FIR and
the same is vague and nebulous and insufficient to frame
any charge qua the Applicant for an offence under U/s
323,354A, 376(2)(n), 406,498A, 504, 506 of Indian Penal
Code., and hence the FIR qua the Applicant deserves to
be quashed and set aside.

j) The above named Applicant most respectfully submits

that nothing has come up in the investigation to show the
alleged role of the present Applicant.

k) The Applicant submits that custodial interrogation of the

Applicant is unwarranted in the facts and circumstances
of the present case.
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l) The Applicant most respectfully submits that there is no

iota of evidence on the basis of which U/s 323,354A,
376(2)(n), 406,498A, 504, 506 of Indian Penal Code. is
made out against the present Applicant.

m) That the custodial interrogation of the applicant is not

necessary as there is nothing that is to be
recovered/seized from the applicant.

n) That keeping the Applicant under custodial apprehension

is not going to suffice any good purpose of the
prosecution, per contra would just add into the already
prevailing hardships of the Applicant and would affix the
stigma and embargo of evil and anti – social element to
his character.

o) That the Applicant is ready and willing to abide himself

with his presence before the Hon’ble Court and before
the Hon’ble Trial Court as and when required. Further the
Applicant is ready and willing to furnish adequate surety
to the satisfaction of this Hon’ble Court and he shall abide
himself by the conditions those may be imposed by this
Hon’ble Court upon him. That the Applicant shall make
himself available for interrogation by police officer or the
court, if required.

p) That the Applicant also undertakes that he shall not

directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the
case and he shall not tamper with the evidence
documentary or otherwise.
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q) The applicant most respectfully submits that the

applicant has deep social and cultural roots in the society
and the Applicant will not abscond if released on bail by
this Hon’ble Court whereas present himself before the
trial court at the time of trial.

r) That the Applicant most respectfully submits that he is a

law-abiding citizen and responsible person and is aware
of his duties towards the society.

s) That the Applicant craves leave of this Hon’ble court to

add, amend, alter and delete any of the grounds taken in
the present Application as and when necessary.

t) The Applicant further states that he has not filed any

other PETITION/APPLICATION on the subject matter of the
instant APPLICATION either in this Hon’ble Court or in the
Hon’ble Supreme Court of India.

u) The Applicants submits that, the complaint is

false, vague and is after thought and there is no

truth in the complaint. The Applicants is nowhere
connected with the alleged offence. The
applicants are innocent of the alleged offences
and has got valid and tenable defense. The
Respondent Police is trying to lug the Applicant in
the alleged crime for extraneous reason with
oblique motive and after due deliberation.

7. The Applicant therefore prays that:

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(a) In the event of the arrest of the applicant in C.R. No.

0164 of 2023 registered with Nerul Police Station,

Navi Mumbai for offences punishable 1. the

Applicant may be released on bail on such terms

and conditions as this Hon’ble Court may deem fit

and proper.

(b) Pending the hearing and final disposal of this

application, Nerul Police Station, Navi Mumbai may

be directed not to arrest Applicant in C. R. No. 0164

of 2023 registered with them.

(c) Ad-interim reliefs as in prayer Cl. (a) and (b)

(d) Any other and further relief may kindly be passed in

favour of Applicant as this Hon’ble Court deem fit

and proper.

And for this act of kindness and justice the

Applicant shall as in duty bound ever pray.

Applicant/Accused
 11

IN THE HON’BLE SESSIONS COURT AT BELAPUER

ANTICIPATORY BAIL APPLICATION No. OF
2021
DISTRICT: THANE

Ramesh Gundu Benke )

Age 53 years, Occ: )

Residing at: R/o, House No 253/1

At Post Mangoanwadi, Tal- Chandwad

Kolhapur. Maharashtra )…Applicant

Versus

The State of Maharashtra )

Through Nerul Police Station, Navi Mumbai ).

Respondent
AFFIDAVIT IN SUPPORT OF ANTICIPATORY BAIL
APPLICATION
 12

MAY IT PLEASE YOUR HONOUR

I, Ramesh Gundu Benke Age 53 years, Residing at: R/o,

House No 253/1 At Post Mangoanwadi, Tal- Chandwad
Kolhapur the Applicant above named do hereby solemnly
affirms and states on oath as follows the Applicant
abovenamed do hereby solemnly affirms and states on
oath as follows-

1. I say that, I am the Applicant in the above application. I

know the facts and circumstance of the case.
Accordingly, I am swearing to this affidavit. I have filed
Anticipatory bail application before this Hon’ble Court in
CR.No 0164/2023 for the offence punishable U/s
323,354A, 376(2)(n), 406,498A, 504, 506 of Indian
Penal Code
2. I say that I have made application for Anticipatory bail
in the event of arrest I may be released on bail. I further
say that the allegations made in FIR are totally false and
vexatious as I am not concerned at all with the said
offence.

3. I say that the police have falsely implicated me in this

CR

4. I say that the statement and averment made in

anticipatory bail application are here by accepted and
admitted by me and it need not be repeat again and
 13

again in this affidavit as I have reiterate the same I am

swearing this affidavit on oath to enable this Hon’ble
court to note the above said facts on record to consider
my anticipatory bail on strength of this supportive
affidavit.

5. Applicant submits that the present anticipatory bail

application is the first bail application before this Honble
court.

Whatever stated hereinabove is true and correct to the

best of my knowledge, belief and information.

Solemnly affirm at
This day of 2023
Applicant

VERIFICATION

I, Ramesh Gundu Benke Age 53 years, Residing at: R/o,

House No 253/1 At Post Mangoanwadi, Tal- Chandwad
Kolhapur do hereby state on solemn affirmation that
whatever stated hereinabove is true and correct to my
knowledge and I believe the same to be correct.

Solemnly affirm at
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This day of 2023

Applicant/Accused

IN THE HON’BLE SESSIONS COURT AT BELAPUER

ANTICIPATORY BAIL APPLICATION No. OF
2023
DISTRICT: THANE

Ramesh Gundu Benke )

Age 53 years, Occ: )

Residing at: R/o, House No 253/1

At Post Mangoanwadi, Tal- Chandwad

Kolhapur. Maharashtra )…Applicant

Versus

The State of Maharashtra )

Through Nerul Police Station, Navi Mumbai ).

Respondent
 15

APPLICATION ON BEHALF OF APPLICANT /ACCUSED

FOR GRANT OF INTERIM RELEIF

MAY IT PLEASE YOUR HONOUR: -

The applicant above respectfully states and submits as

under.

i. That the applicant has filed an application for grant of

anticipatory bail in CR No-0164/2023 of Kharghar
Police station, Navi Mumbai punishable U/s 323,354A,
376(2)(n), 406,498A, 504, 506 of Indian Penal Code.

ii. The Applicant submits that he is not having any

concern with the alleged offence. The Police only with
an intention/ulterior motive to harass the
Applicant/accused want to involve him in the alleged
crime. Therefore, the applicants prefer this
application before this Hon’ble court. The said
application will take time for its final disposal and
hence Applicants prefers this application for grant of
interim relief. The contents and averments made in
anticipatory bail application are integral part of this
application it need not be repeat again in this
application.

The Applicant/Accused therefore prays that

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a. Pending the hearing and final disposal of

the main application of the applicants the
arrest of Applicant be deferred.
b. Any and further order be granted in favor of
Applicants/ accused.

Place: Panvel
Date: / /2021

Applicant/Accuse
d

VERIFICATION

I, Ramesh Gundu Benke Age 53 years, Residing at: R/o,

House No 253/1 At Post Mangoanwadi, Tal- Chandwad
Kolhapur do hereby state on solemn affirmation that
whatever stated hereinabove is true and correct to my
knowledge and I believe the same to be correct.

Solemnly affirm at
This day of

Applicant/Accused
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IN THE HON’BLE SESSIONS COURT AT BELAPUER

ANTICIPATORY BAIL APPLICATION No. OF
2023
DISTRICT: THANE

Ramesh Gundu Benke )

Age 53 years, Occ: )

Residing at: R/o, House No 253/1

At Post Mangoanwadi, Tal- Chandwad

Kolhapur. Maharashtra )…Applicant

Versus

The State of Maharashtra )

 18

Through Nerul Police Station, Navi Mumbai ).

Respondent

AFFIDAVIT IN SUPPORT OF INTERIM BAIL

APPLICATION

MAY IT PLEASE YOUR HONOUR

I, Ramesh Gundu Benke Age 53 years, Residing at: R/o,

House No 253/1 At Post Mangoanwadi, Tal- Chandwad
Kolhapur the Applicant abovenamed do hereby state and
declare on solemn affirmation as under-

1. I say that I have filed Anticipatory bail application

before this Hon’ble Court as applicant is apprehending
arrest in CR No-0164/2023 of Nerul Police station, Navi
Mumbai punishable U/s 323,354A, 376(2)(n), 406,498A,
504, 506 of Indian Penal Code

2. I say that I have made application for Anticipatory bail in

the event of arrest I may be released on bail. I further
say that the allegations made in FIR are totally false and
vexatious as I am not concerned at all with the said
offence.

3. I say that the police have falsely implicated me in this

CR
 19

4. I say that the statement and averment made in

anticipatory/interim bail application are here by
accepted and admitted by me and it need not be repeat
again and again in this affidavit as I have reiterate the
same I swearing this affidavit on oath to enable this
Hon’ble court to note the above said facts on record to
consider my interim bail on strength of this supportive
affidavit.

Whatever stated hereinabove is true and correct to the

best of my knowledge and belief.

Solemnly affirm at
This… day of 2023 Accused
VERIFICATION

I, Ramesh Gundu Benke Age 53 years, Residing at: R/o,

House No 253/1 At Post Mangoanwadi, Tal- Chandwad
Kolhapur do hereby state on solemn affirmation that
whatever stated hereinabove is true and correct to my
knowledge and I believe the same to be correct.

Solemnly affirm at
This day of

Applicant/Accused
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IN THE HON’BLE SESSIONS COURT AT BELAPUER

ANTICIPATORY BAIL APPLICATION No. OF
2023
DISTRICT: THANE

Ramesh Gundu Benke )…Applicant

Versus

The State of Maharashtra )

Through Nerul Police Station, Navi Mumbai ) Respondent

Index
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Sr.N Particulars Page No

o
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IN THE HON’BLE SESSIONS COURT AT BELAPUER

ANTICIPATORY BAIL APPLICATION No. OF
2023
DISTRICT: THANE

Ramesh Gundu Benke )…Applicant

Versus

The State of Maharashtra )

Through Nerul Police Station, Navi Mumbai ) Respondent

 23

LIST OF DOCUMENT

I am not member of the welfare fund. Therefore, stamp of Rs. 2/- is not affixed herewith.

Advocate’s Signature

IN THE HON’BLE SESSIONS COURT AT PANVEL

ANTICIPATORY BAIL APPLICATION No. OF 2021
DISTRICT: RAIGAD

Ramesh Gundu Benke )…Applicant

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Versus

The State of Maharashtra )

Through Nerul Police Station, Navi Mumbai ) Respondent

VAKALATNAMA

Sir/ Madam,
We/I the Accused above named, do hereby appointed Adv. Aashish
Satpute
_______________________________________________________, to
act, appear and plead on our behalf in the above Complaint
In the witness whereof I/we place our hand/s to this writing at

Dated this ________ day of ………….. 20

Accepted, Accused Signature
Adv AASHISH I SATPUTE