Mumbai: The Additional Sessions Judge, Deepak L. Bhagwat (C.R.60), has granted bail to Rutik Santosh Bagul, 21, in connection with a case of attempted murder and other charges. The order, delivered on May 11, 2022, allows Bagul’s release on a personal bond of Rs. 20,000/- and one or two solvent sureties of the same amount, with a provision for cash security for one month.

Bagul, a businessman residing in Ghatkopar (West), Mumbai, was arrested in Pant Nagar Police Station C.R. No. 147 of 2022. He faces charges under Sections 307 (attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code (IPC), and Section 135 of the Maharashtra Police Act.

Prosecution’s Case

The prosecution’s case is that on March 18, 2022, around 3:30 a.m., while the informant was eating, accused Ganesh and Sagar allegedly approached him and slapped him. The informant, feeling threatened, hid in a street. Subsequently, accused Rupesh, Vishal, Rutik (the present applicant), and Moin arrived and began to assault the informant. Accused Rupesh allegedly struck the informant with an iron rod on the head, but the informant used his right hand to block, sustaining injuries to both his hand and head. The role specifically attributed to Rutik, along with Vishal and Moin, is that they assaulted the informant with kicks, abused him, and threatened to kill him.

Arguments for and Against Bail

Shri Samadhan Sulane, advocate for Rutik Santosh Bagul, argued that there was no substantial material against his client. He highlighted that Bagul’s role in the incident was limited to assaulting the informant with “kicks” and that he did not possess any weapon. Mr. Sulane contended that further custodial interrogation of Bagul was unnecessary and therefore requested his release on bail.

Smt. Ujjwala Karvate, the Additional Public Prosecutor (APP) for the State, opposed the bail application. She submitted that there was sufficient material to demonstrate Bagul’s involvement in the crime and that the investigation was still ongoing. She urged the court to reject the application.

Court’s Rationale and Decision

After perusing the First Information Report (FIR), Additional Sessions Judge Deepak L. Bhagwat carefully distinguished the roles attributed to the various accused. The court specifically noted that while accused Rupesh was alleged to have delivered the iron rod blow to the informant’s head, the role attributed to the present applicant, Rutik Santosh Bagul, was limited to “dealt kicks to the informant, abused and threatened to kill him.”

The court emphasized that “There was no weapon with the applicant.” Based on this distinction and considering the specific, limited role attributed to Bagul in the alleged assault, the court concluded that it was “appropriate to release him on bail subject to certain conditions.”

Bail Conditions

Accordingly, Criminal Bail Application No. 669 of 2022 was allowed. Rutik Santosh Bagul is to be released on bail upon:

• Executing a personal bond of Rs. 20,000/- and furnishing one or two solvent sureties of the same amount.
• He is permitted to provide cash security of Rs. 20,000/- provisionally for a period of one month in lieu of the surety bond.

Additionally, stringent conditions were imposed to ensure cooperation with the investigation and prevent tampering:

• The accused shall attend the Pant Nagar Police Station on the 1st and 15th day of each month, between 10:00 a.m. to 12:00 p.m., until the charge-sheet is filed.
• He shall submit a list of at least 3 blood relatives with their detailed residential and work addresses, along with documentary proof for verification.
• The accused and his surety shall inform the police authorities and the trial court of any change in their residential address while the accused is on bail.
• The accused shall submit copies of at least 2 documents from a list including Pan Card, Adhar Card, Ration Card, Electricity Bill, Voter ID card, or property ownership documents, to verify his address.
• The Investigating Officer shall conduct physical verification of the residential address after submission of these documents.
• The accused shall not make any inducement or threat to any person acquainted with the facts of the case to dissuade them from disclosing facts to the court or police officer, nor shall he tamper with the evidence.
• Conditions No. 5 to 8 (regarding submission and verification of documents) must be complied with simultaneously with the furnishing of cash security or the surety bond, whichever is earlier.

The bail is to be furnished before the Court of Metropolitan Magistrate. The order was dictated on May 11, 2022, and signed on May 13, 2022. It was uploaded on the same day.