MHCC020061552024
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IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.979 of 2024
1. Ram Babu Yogendra Prasad
Age :- 26 years, Occ: Student,
R/o :- Room No.17, Ganesh Murti
Nagar, Backbay Depot, Cuff Parade,
Mumbai 400005.
2. Samir Abdul Shaikh
Age :- 20 years, Occ: Student,
R/o :- Room No.105, Part 2, Ganesh Murti
Nagar, Cuff Parade, Mumbai 400005.
3. Kaif Siddiqui Rakhiwala
Age :- 20 years, Occ: Salesman,
R/o :- Room No.30, Building No.114, 118,
Khatri Building, 4th floor, Pydhonie,
Mumbai.
4. Noor Mohd. Fareed Alid Dunna
Age :- 19 years, Occ: Salesman,
R/o :- Room No.506, Kashmir Building, J. B.
Shah Marg, 5th floor.

..Applicants/accused
No.1 to 4
Versus
The State of Maharashtra
Through Cuff Parade Police Station,
Mumbai.(In C.R.No.90/2024)
…Respondent/State
Coram : DR. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 20.04.2024
Decided on : 20.04.2024
Appearance:
Ld. Adv. Mr. Vivek Chauhan h/f Adv. Mr. Rahil Ahmed Siddiqui for
the applicants/accused No.1 to 4
Addl. P.P. Mr. Ajit Chavan for State.

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ORDER
(Dictated and pronounced in open court)
Cri.B.A.979-2024
This is the first bail application filed under Section 439 of Code
of Criminal Procedure, 1973 (“CrPC” in short) before filing of chargesheet in
connection with C.R. No.90 of 2024, registered with Cuff Parade Police
Station, Mumbai for the offences punishable under Sections 353, 332, 504,
506, 427 r/w 34 of the Indian Penal Code (“IPC” in short).
2.

Perused application and reply (Exhibit-02) filed by the State.

3.

Heard both sides at length.

4.

FIR is lodged at the instance of Bus Inspector of BEST. It is
alleged that on 11.04.2023 at about 10:00p.m. two persons parked
their motorcycle, causing hindrance to the Bus driver to take out his
Bus. That led some altercation between them. Informant came there
and intervened and resolved the quarrel. It is further alleged that both
the unknown persons chased the Bus and again abused and assaulted
the bus driver. Hence, the present FIR.
5.

Heard. Mr.Vivek Chauhan learned advocate for the applicant.

He submits that the accused applicant Nos. 2 to 4 are young persons of
age between 19 to 20 years old. On the day of incident it was EID.
Applicant had no intention to trouble anyone. He submits that the small
incident has unnecessarily be coloured as a criminal offence and he
false and concocted of FIR. He further submits that the applicant came
to be arrested on 12.04.2024 and were remanded to police custody for
one day. Since 13.04.2024 all the accused are in judicial custody. The
learned advocate for applicant submits that there is nothing to be seized
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Cri.B.A.979-2024
or recovered at the instance of the applicants. There are no criminal
antecedents against any of the applicants. He submits that the
applicants would co-operate in the investigation and abide conditions
imposed by this Court. Hence, application may be allowed.

Per contra Mr. Ajit Chavan, learned Additional Public Prosecutor,
6.

strongly objects the bail application by filing details reply (Exhibit-02).
Investigating Officer namely Smt. Madhuri Binwade (WPSI) is present. It is
submitted that the presence of some of the accused are recorded in the
Closed Circuit Television footage (CCTV in short) while they were abusing
the bus driver. Hence, application may be rejected.
Considering the nature of the allegation and the offences
7.

alleged, I find that further detention of the applicants behind bars is
unwarranted. Though the offence is tribal by the Sessions Court, it
carries imprisonment of five years. There seems no physical injury to
the informant or the driver. Hence, I am inclined to exercise discretion
under section 439 of CrPC, however, subject to certain conditions.
8.

Hence, I pass following order.
ORDER
A]
The Criminal Bail Application No. 979 of 2024 is allowed.

B]
The applicant No. 1. Ram Babu Yogendra Prasad, 2. Samir
Abdul Shaikh, 3. Kaif Siddiqui Rakhiwala and 4. Noor Mohd.
Fareed Alid Dunna be released on bail in connection with C .R.
No.90 of 2024, registered with Cuff Parade Police Station,
Mumbai for the offences punishable under Sections 353, 332, 504,
506, 427 r/w 34 of the Indian Penal Code (“IPC” in short), on
their executing P.R. and S.B. of Rs.20,000/- (Twenty
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Cri.B.A.979-2024
thousand only) each along-with one surety in like amount on
following conditionsi)
Applicants/accused to attend Cuff Parade Police Station,
Mumbai as and when called by the investigating officer till
completion of investigation filing of chargesheet.

ii)
Applicant shall not tamper with the evidence of prosecution.

iii) Applicants
shall not directly or indirectly make any
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 tamper with the evidence.
iv)
Applicants shall furnish two documents as to proof of their
residence with his active phone number to the concerned
police station within 7 days after his release from the jail.

v)
C]
Applicants shall not commit any criminal act while on bail.

Provisional cash bail of Rs.20,000/-(Twenty thousand only) is
allowed, for a period of four weeks only.

D]
Breach of any condition shall entail the consequence of
cancellation of the bail.

E]
The Bail Application is disposed of accordingly.
SWAPNIL
DINKARRAO
TAWSHIKAR
Date : 20-04-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 20-04-2024
: 22-04-2024
: 22-04-2024 (AOH)
: 23-04-2024
Digitally signed
by SWAPNIL
DINKARRAO
TAWSHIKAR
Date: 2024.04.23
16:45:56 +0530
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.979-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
23-04-2024 at 04:45p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 20-04-2024
JUDGMENT/ORDER signed by P. O. on
23-04-2024
JUDGMENT/ORDER uploaded on
23-04-2024