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MHCC020057702024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 911 OF 2024
Nitesh @ Nilesh Raosaheb More
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Chunabhatti Police Station
vide C.R. No. 123/2024)
… Respondent/State
Appearance :Mr. Atar, Ld. Advocate for applicant/Accused.
Mr. O.S. Maraskolhe, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 20TH APRIL, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.123/2024 registered
with Chunabhatti Police Station for the offences punishable under
Sections 307, 393, 323, 341, 504, 506 (2) of the I.P.C. and Sections 37
(1)(a) r/w 135 of Maharashtra Police Act.

2.

Applicant/accused submitted that he is innocent and
has been falsely implicated in this crime. Applicant/accused is in
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custody from last 40 days. The injury is simple in nature.
Applicant/accused is permanent resident of Mumbai. He will not
abscond. Applicant/accused is ready to abide by any terms and
conditions imposed by the court. Hence, applicant/accused prayed
for grant of regular bail in connection with C.R. 123/2024
registered with Chunabhatti. police station.
3.

Investigating officer submitted the say at Exh.02 and
resisted bail application on the ground that the investigation is at
initial stage. Statements of eye witnesses are yet to be recorded.
Accused is habitual offender. He will again commit similar type of
offence, if released on bail. Lastly, investigating officer prayed for
rejection of bail application.
4.

Heard Ld. Adv. Mr. Atar for the applicant/accused and
Ld. APP O.S. Maraskolhe for Respondent/State at length.
5.

Perused the contents of application and say filed by the
investigating officer. By this application the applicant/accused
prayed for grant of regular bail. Ld. A.P.P. strongly objected for grant
of bail. I have gone through F.I.R. The name of applicant/accused is
mentioned in F.I.R. As per allegation in F.I.R., accused demanded
money to the complainant and on his refusal the accused attempted
to give blow on the neck of complainant by knife. The complainant
moved backward and the blow was missed. At that time, the
accused assaulted by iron panch to the complainant and
complainant sustained injury below his left eye. Thus as per F.I.R.
the only allegation levelled against applicant/accused that he
assaulted complainant by means of iron panch. Remand report
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shows that still panch was recovered from applicant/accused.
Nothing is remained to be seized from the possession of
applicant/accused. The F.I.R. itself shows that on the day of
incident the complaint was lodged by the complainant after taking
treatment. It means on the same day the complainant was
discharged from the hospital. In other words the complainant is out
of danger. Hence, applicant/accused is entitled for grant of bail.
6.

In present case it appears that the investigation of
crime has been practically completed. No purpose will be served by
keeping applicant/accused behind bar. Applicant/accused is ready
to abide by terms and conditions imposed by the Court. Hence,
applicant/accused is entitled to release on bail.
7.

It is argued by Ld. A.P.P. that applicant/accused is
having criminal antecedents. However, this submission cannot be
accepted because merely on the ground that other crimes are
registered against applicant/accused, he cannot be refused bail.
Conditions can be imposed on applicant/accused so that he cannot
indulge in similar offenc.
8.
the
Considering the nature of offence and role played by
applicant/accused
in
crime,
I
am
of
the
view
that
applicant/accused is entitled for grant of regular bail. Therefore,
the bail application needs to be allowed. Hence, I proceed to pass
following order :ORDER
1.

Criminal
Bail
Application
Applicant/accused is allowed.

No.911
of
2024
filed
by
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2.

Applicant/accused namely Nitesh @ Nilesh Raosaheb More
resident of Bhimshakti Mitral Mandal, Lal Dongar, Trombay Sion
Marg, Chembur, Mumbai-400 071 be released on regular bail on
furnishing P. R. Bond of Rs.25,000/- along with one or two sureties
of like amount in connection with C.R. No.123/2024 registered
with Chunabhatti Police Station for the offences punishable under
Sections 307, 393, 323, 341, 504, 506 (2) of the I.P.C. and
section 37 (1)(a) r/w 135 of M.P.Act on following conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Sundy in between 10:00 a.m. to 01:00
noon till filing of charge-sheet.
(b) The applicant/accused is directed not to commit similar types
of offence.
(c) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicant/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(d) The applicant/accused should not directly or indirectly make
any inducement, threat or promise to any person acquainted with
facts of case so as to dissuade them from disclosing the facts to
Court or any Police Officer and should not tamper with the
evidence and prosecution witnesses.
(e) The applicant/accused shall not leave India without prior
permission of Sessions Court.
(f) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional
cash
bail
of
Rs.25,000/-
is
allowed
to
the
applicant/accused for period of 4 weeks to furnish surety from the
date of release.
4.

Bail before Ld. Trial Court.

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5.

Criminal Bail Application No.911 of 2024 stands disposed off
accordingly.

Date : 20.04.2024
Dictated on
Transcribed on
HHJ signed on
: 20/04/2024
: 22/04/2024
: 22/04/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 20/04/2024
JUDGMENT /ORDER signed by 22/04/2024
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JUDGMENT /ORDER uploaded 23/04/2024
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