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MHCC020074832024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1211 OF 2024
1. Kartik Subberaylum Naidu alias
Kartik Marimuttu Naidu
Aged – 20 years,
R/at : Near Mahakali Mandir,
Room No. 366, Vashinaka Chembur,
Mumbai 74.
2. Sohil Anil Dimble
Age : 18 years,
R/at : Shahaji Nagar, Bachhan Yadav,
Kirana Stors Chembur,
Mumbai 74.
3. Bhavesh Pravin Walsoor
Age : 19 years,
R/at : 108 Janata Colony,
Sant Rohidas Nagar, Jogeshwari,
Mumbai 60.

…Applicants/accused
Vs.
The State of Maharashtra
(Through Govandi
Police Station, Mumbai)
…Respondent
Appearance :Mr. K. V. Khithani, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 13th May, 2024.

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(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicants and Ld. APP for the State. Perused the
application, say and documents on record.
2.

Ld. Advocate for the applicants submitted that police
arrested applicants in connection with C.R. No.122/24 for the offence
punishable under Sections 397, 504, 506(2), r/w 34 of IPC alongwith
37(1)(a), 135 of Maharashtra Police Act. It is further contention of
applicants that, they are falsely implicated in this case. Applicant has
not committed the offences as alleged by informant. Nothing is to be
seized at the instance of applicants. Therefore, there is no need of
custodial interrogations of the applicants. It is contention of applicants
that, applicants are ready to co-operate with police. They are permanent
resident of Mumbai. Applicants are reputed persons in the society.
Applicants are ready to abide any terms and conditions by imposing this
Court. Therefore, custodial interrogations of applicants is not necessary.
Hence, they prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that nature of offences is serious, if applicants are
released on bail there is possibility of tempering of evidence of
prosecution. Another two crime registered against accused No. 2 Sohil
Anil Dimble in RCF police station. Hence, prayed for rejection of
application.
4.

In view of submissions from both sides and as per
allegation in FIR, It is alleged by the informant that on 26.04.2024 at
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about 11.55 pm informant alongwith the cleaner was going on in the
tanker and as the signal was red he had stopped and after that when
the signal was on at that time 3 unknown persons came on bike and
stopped nearby and the informant had to stop the tanker and those
persons asked the informant to come down and asked for his mobile
and cash from him. At that time other person said that if he didn’t give
money then they will show him and took out a knife and the third
person said that they will finish him. Thereafter, informant get down
from left side of tanker and reached Govandi police Station. Alleged
weapon and active motor cycle are seized during investigation. In such
circumstance, I am of the opinion that there is no need to further
detention of applicants. Applicants may be directed to appear before
investigating officer during course of investigation and co-operate.
With such directions and other conditions, applicant may be released on
bail. Therefore, I pass the following order :ORDER
1.

Criminal Bail Application No. 1211 of 2024 is allowed.

2.

Applicant/accused No.1. Kartik Subberaylum Naidu alias Kartik
Marimuttu Naidu, applicant No. 2 Sohil Anil Dimble and
applicant No.3 Bhavesh Pravin Walsoor be released on bail on
furnishing P.R. & S.B. of Rs.25,000/- each along with one or more
sureties in the like amount in connection with C.R. No.122/2024
registered with Govandi police station.

3.

Applicant/accused shall attend Govandi Police Station, Mumbai,
as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish their residential address proof
and contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
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inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Provisional cash bail allowed for eight weeks.

8.

Bail before learned Court below.

9.

Criminal Bail Application No.1211 of 2024 stands disposed of
accordingly.

Date : 13.05.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.14
11:04:14
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 13.05.2024
HHJ signed on
: 13.05.2024
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SIGNED JUDGMENT/ORDER.”
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