BA 983-2024
: 1 :
IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 983 OF 2024
(CNR NO. MHCC02-006163-2024)
Vicky Selvam Naidu
)
… Applicant/Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Cuffe Parade Police Station)
Ld. Adv. Shabnam Shaikh for Accused.
Ld. APP. Jyotsna Gawli for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 30.04.2024.
ORDER
Applicant / accused has preferred this application under
the provisions of Section 439 of the Code of Criminal Procedure, 1908
for grant of bail in Crime No. 83 of 2024 registered with Cuffe Parade
Police Station under Sections 306 and 324 of the Indian Penal Code.
2.

As per the accused, the father of the victim lodged
complaint on 05.04.2024 alleging that his daughter committed suicide
by hanging herself. She was moved to the hospital and he was informed
by his wife that, there was quarrel between the victim and the applicant
who were friends. It was informed to the father of the victim that, the
applicant had assaulted the victim with sharp weapon on her forehead
and due to their quarrel, she has committed suicide. Initially, the
BA 983-2024
: 2 :
offence was registered under Section 324 of the IPC.

However, on
06.04.2024 the victim expired and therefore, offence under Section 306
of the IPC was added.
3.

As per accused, he is falsely implicated in the offence. He
has never abated or instigated the victim who committed suicide. As
per the applicant, the victim was having affair with him since last Six
years. Before one year, the mother of the victim learn about it. Applicant
sent proposal for marriage but the victim stopped him. At the time of
incident, the victim made video call to him and informing about
committing suicide. The applicant tried to stop her and immediately
informed the mother of the victim to stop her. The victim committed
suicide as she learn that her parents were arranging their marriage and
sweets were being prepared in her house.
4.

As per the accused, he was arrested on 05.04.2024 and
since 13.04.2024 he is in judicial custody. The accused is permanent
resident of Mumbai having no criminal antecedent. He is young boy of
24 years and is ready to abide with the terms and condition of bail, if
imposed on him.
5.

The prosecution resisted the application by filing Say at
Exh. 02. It is contended that the sharp weapon used by the applicant is
to be recovered. Statements of witnesses under Section 164 of Cr. P.C.
are required to be recorded. As per prosecution, the applicant and
complainant are residents of same locality. Hence, in case, the applicant
is released on bail, he will threaten witnesses or abscond. Hence,
application is sought to be rejected.

BA 983-2024
6.

: 3 :
Perused the application, Say, FIR remand papers, orders of
remand and photographs of victim with the applicant.
7.

Heard Ld. advocate for accused and Ld. APP. for State.

8.

The Ld. Counsel for the accused submitted that the accused
was ready to marry with the victim but it was opposed by family of the
victim. When victim informed him about the her intention to commit
suicide, the applicant tried to stop her and immediately informed the
mother of the victim. It is further submitted by Ld. Counsel for the
applicant that there is no recovery at the hands of the applicant. The
advocate for the applicant has relied on the case of Jairaj Rakesh
Shrivastav Vs. The State of Maharashtra, Criminal Writ Petition No.
4086 of 2021 in which the Hon’ble High Court granted bail in similar
offence. She also relied on the case of Arnab Manoranjan Goswami Vs.
The State of Maharashtra & Ors., Criminal Appeal No. 742 of 2020
(Hon’ble Supreme Court and Prabhat Kumar Mishra V/s. State of UP
SLP Criminal No. 9591 of 2022 and order in CRR No. 1213 of 2023
(High Court of Chattisgarh) dated 07.12.2023.
9.

I have carefully perused the cited cases and remand
reports. Admittedly, the accused is in judicial custody since 13.04.2024,
nothing is to be recovered from the accused. Prima facie it is seen that
abatement or instigation to deceased victim from the accused is missing.
As per the prosecution itself, the investigation is conducted in which the
CCTV footage of the house of the accused and mobile phone of the
deceased etc. are recovered. Therefore, no purpose will be served by
keeping the accused behind the bar. So far as the apprehension of
prosecution is concerned, it can be taken care of by imposing stringent
BA 983-2024
: 4 :
conditions on accused while releasing him on bail. Therefore, I proceed
to pass following order ORDER
1.

The Bail Application No. 983 of 2024 is hereby
allowed.
2.

The accused Vicky Selvam Naidu in CR No. 83 of
2024 registered with Cuff Parade Police Station, be released
on executing PR Bond of Rs. 20,000/- (Rupees Twenty
Thousand) only, with one of more solvent sureties of like
amount.
3.

The accused shall attend the concerned police station
every second and forth Wednesday of every month in
between 1.00 p.m. to 4.00 p.m. till filing of the chargesheet, failure of which he will face consequence.
4.

The accused shall submit the proof of his residence,
Aadhar Card, Election card, if any.
5.

The accused shall not involve in any crime.

6.

The accused shall not tamper with the evidence of
prosecution.
7.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of this case so as to dissuade him / her from
disclosing such facts to the Court or to the police officers.

BA 983-2024
: 5 :
8.

The accused shall attend the trial on each and every
date.
9.

Breach of any condition will amount to cancellation
of bail forthwith.
10.

The Bail Application No. 983 of 2024 stands disposed
off.
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 30.04.2024.
Dictation Typed on
Checked & Signed on
:
:
30.04.2024.
04.05.2024.

BA 983-2024
: 6 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.05.2024 at 5.30 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 30.04.2024
JUDGMENT/ORDER signed by P.O. 04.05.2024
on
JUDGMENT/ORDER uploaded on
04.05.2024