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B.A.401/24
MHCC020027632024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.401 OF 2024
Pawan R. Pokharkar
Age 18 years, Occ – Student,
R/o R.No.11, Dattatray Chawl,
Chawl No.2, Golibar Road,
Ghatkopar West, Mumbai 400 086.

….Applicant
– Versus The State of Maharashtra
(At the instance of Wadala Police Station
Mumbai C.R.No.205/2023)
.… Respondent
Appearance :Adv. Mohan Rawat / Adv Anil Kumar Jaiswar for the Applicant/
accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 29/02/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
crime registered at Wadala Police Station, Mumbai Vide C.R.No.
205/2023 for commission of offence under Section 370, 363, 328, 511,
34 of the Indian Penal Code and Section 84,87 of Juvenile Justice (Care
and Protection) Act.

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2.

B.A.401/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The applicant is in custody
since 21.11.2023. The applicant is of very young age of 18 years. He
has undergone custodial interrogation. There is no criminal antecedents
against the present accused. Nothing is to be seized or recovered from
the possession of the accused. The applicant / accused is permanent
resident of his given address. Therefore, there is no point in keeping
accused behind bars till conclusion of trial. Therefore he prayed for
releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. There is
material against the applicant / accused. If accused is released on bail
she will flee away from the justice. There is material evidence to show
the involvement of the accused in the present crime. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, and ld. APP for the State.
5.

It is the case of the prosecution that the informant Smt.

Suman Chourasiya lodged report that on 20.11.2023, her two children
were playing in the open space near the house. After some time she
found that her elder son Akash was there but younger son Vikas was not
there. Therefore, she started to search Vikas. One Reshma Patil who is
residing in the vicinity stated to her that her son Vikas was with
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B.A.401/24
accused Sanika and she was forcefully taking him away. Therefore,
informant made phone call to accused Sanika who is also residing in the
same vicinity. The said accused informed her that she is at college and
Vikas is not with her. At about 2.30 p.m. the informant with her
husband visited the police station to lodge report. When the informant
and the police was in search of Vikas, one phone call was received to
the police informing that somebody has come to the police station with
Vikas. When the informant came to the police station, she found that
one person Shivaji Kamble and another person namely Shakil Shaikh
came with Vikas. They informed that co-accused Sanika handed over
Vikas to them and asked them to took Vikas to the police station.
Therefore, police called Sanika to the police station. She informed that
the applicant / accused Pawan Pokharkar with whom she is acquainted
had called her to bring a boy having age of 10 years and he will pay her
Rs.2 lakhs. She also stated that she took Vikas to Kalyan. Accordingly
report is lodged and offence is registered under aforesaid sections.
6.

The present applicant / accused has been arrested on
20.11.2023. According, to the prosecution during investigation police
have arrested applicant / accused Pawan pokharkar at Ghatkopar. He
was found with Sarthak Bombale and Swapnil Bombale. According to
the prosecution Sarthak had asked the applicant / accused Pawan to
kidnap the child. It was revealed that co-accused Sanika has made child
to consume drug / medicine Nitrazepam Tablet IP 10 Nitravet 10.
According to the prosecution accused Swapnil Bombale was in
requirement of said child. He offered Rs.2 lakhs for the said kidnap. It
was revealed to the prosecution that one Nitin Bibwe was searching for
10 years old child and he offered Rs.6 lakhs to Swapnil. Some material
evidence is also recovered from the mobile phone, conversation /
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B.A.401/24
chatting. There is also some evidence regarding transfer of amount.
There is also some evidence regarding the photo of medical drug
Nitrazepam Tablet IP 10 Nitravet 10. At the time of kidnapping the coaccused Sarthak was also with co-accused Swapnil. From the facts on
record it appears that co-accused Sanika at the demand of applicant /
accused Pawan Pokharkar kidnapped the child of three years. She was
intending to sale child for Rs.2 lakhs. The child was made to consume
the drug Nitrazepam Tablet IP 10 Nitravet 10. The applicant / accused
Pawan and co-accused Sanika took the child in taxi. The police have
recorded the statement of taxi driver.
7.

According to the prosecution the present applicant /
accused asked co-accused Sanika to kidnap the child. Charge sheet is
already filed. Investigation related with the present applicant / accused
appears to have been completed. The present applicant was arrested on
21.11.2023. The co-accused has been released on bail. On the ground of
parity the applicant / accused is entitled for the bail, if reasonable
conditions securing the presence are imposed, he will be entitled for the
bail. In the result, I pass the following order :
ORDER
1.

Criminal Bail Application No.401 of 2024 is allowed.

2.

The Applicant / Accused Pawan R. Pokharkar, arrested in
C.R.No.205/2023 under Section 370, 363, 328, 511, 34 of the Indian
Penal Code,1860 and Section 84, 87 of Juvenile Justice (Care and
Protection) Act registered with Wadala Police Station, Mumbai be
released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one or
two sureties.
3.

The applicant / accused shall not tamper with the prosecution
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B.A.401/24
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the the dates of hearing
before the trial court strictly unless exempted.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 29/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 29.02.2024
: 02.03.2024
: 05.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.401/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
05/03/2024
5.30 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 29/02/2024
ORDER signed by P.O. on
05/03/2024
ORDER uploaded on
05/03/2024