Siddhesh Santosh Mankame Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1196 of 2024

MHCC020073522024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1196 OF 2024
Siddhesh Santosh Mankame
Age 23 years, Occ : Labour,
Residing at Room No.02/1, Hanuman
Nagar, Barve Nagar, Ghatkopar (W),
Mumbai 400 084.

… Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Ghatkopar
Police Station, Mumbai
Vide C.R.No.231/2024)
… Respondent
Appearances :Mr. Sumedh Jagtap Ld. Adv. for applicant.
Mr. Ld. APP Ramesh Siroya for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
Incharge of C.R.No.60
DATED : 16th May, 2024
ORDER
This is an application under Section 439 of Cr.P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the state. Perused
application, say and other documents on record.

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BA 1196/24
It is contention of the applicant that the applicant is
arrested by Ghatkopar Police Station, Mumbai in connection with C.R.
No.231/2024 for the offence punishable u/Section 143, 144, 147, 148,
149, 307, 324, 504, 506-2 of the Indian Penal Code, 1860 , u/s. 37(1)
(a) and 135 of the Maharashtra Police Act, 1951 and u/s. 4, 25 of the
Indian Arms Act, 1959. It is further contention of the applicant that
applicant is innocent and he is falsely implicated in this case. After
sufficient police custody he is remanded to judicial custody. In such
circumstances there is no need of further detention. Applicant is
permanent resident of Mumbai. Applicant is ready to abide conditions
impose by Court. Hence prayed for grant of bail.
3.

Heard the ld advocate for the applicant and ld APP for the
State / Respondent. The respondent has vehemently opposed to the bail
plea of applicant by raising objection that he was also actively involved
to commit the alleged crime. He was companion of main accused.
Initially, he has obstructed to informant and his friends and then other
co-accused have raised attack on them. Therefore, the role attributed by
him is required to be considered seriously.
4.

I have gone through the FIR, statement of informant.

Prima-facie in all nine accused are involved including applicant. He is
arrested on 16.03.2024. Informant made allegations against all the
accused. He alleged that, on 12.03.2024 at 10:30 p.m., when he along
with his friends were proceeding near from Hanuman Nagar, Bhatwadi,
Ghatkopar, Mumbai at that time all the accused have obstructed them
and by abusing threatened, assaulted to him and his friends by sword,
knife, stone and seriously got injured them. The applicant has denied
the entire allegations grievance and raised. He submitted that against
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BA 1196/24
him no any serious in natures allegations raised. He was not having any
weapon and not assaulted to anyone by any weapon. Serious in natures
allegations raised against the co-accused. The concerned weapons
sword, knife bamboo sticks are not detected discovered seized by
investigation machinery.
5.

In view of submissions of both the sides it is alleged against
the applicant that initially he has obstructed to informant and his friend
and then his companion co-accused have raised the attack on them by
deadly weapon sword and knife and then fled. It shows the applicant
was not having any weapon or he had not raised attack by using any
weapon. Against him it is only alleged that he was companion of main
co-accused. In such circumstances further detention of the applicant can
not be justified on any ground. Hence, in such circumstances, I am of
the opinion that, further detention of applicant is not required. The
applicant is entitled for the bail. Therefore, I pass following order :ORDER
1.
2.

3.

4.
5.

Criminal Bail Application No. 1196 of 2024 is allowed.
Applicant/accused Siddhesh Santosh Mankame be released on
bail on furnishing P.R. Bond of Rs.25,000/- in connection with
C.R. No.231/2024 registered with Ghatkopar Police Station
punishable under Section 143, 144, 147, 148, 149, 307, 324,
504, 506-2 of the Indian Penal Code, 1860 , u/s. 37(1)(a) and
135 of the Maharashtra Police Act, 1951 and u/s. 4, 25 of the
Indian Arms Act, 1959.
Applicant/accused shall attend Ghatkopar Police Station,
Mumbai, on every Saturday between 11.00 a.m. to 2.00 p.m. till
filing of the charge sheet.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
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BA 1196/24
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
Applicant/accused shall not leave India without previous
permission of the Court.
Request of provisional cash surety is allowed for eight weeks.
Bail before learned Court below.
Criminal Bail Application No.1196 of 2024 stands disposed of
Digitally
accordingly.
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.17
13:23:34
+0530
Date : 16.05.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 16.05.2024
HHJ signed on
: 16.05.2024
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BA 1196/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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