Cri. B.A. 1062/2024.
MHCC020065842024
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO. 1062 OF 2024.
IN
C.R.NO. 361 OF 2023.
Abhishek Prabhashankar Yadav,
… Applicant/accused.

Versus
The State of Maharashtra,
At the instance of RAK Marg Police Station,
Mumbai.

… Respondent
Appearances :Ld. Adv. Mr. Anjaykumar R. Kori for the applicant/accused.
Ld. APP Mr. Abhijeet Gondwal for the State.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 30TH APRIL, 2024.
ORDER
By
this
application
the
applicant/accused
Abhishek
Prabhashankar Yadav being accused in C.R.No.361/2023 registered
with RAK Marg
Police Station for the offences punishable under
Section 392 of Indian Penal Code, (hereinafter referred to as, “IPC”),
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Cri. B.A. 1062/2024.
seeks bail under Section 439 of the Code of Criminal Procedure, 1973
(In short, “CrPC”).
2.

It is the case of prosecution that, as on 27.09.2023 at about
15.20 hours, while the informant picked up her son from school and
was proceeding from Kalachowki on her motor scooter at about
15.28 hours while they came ahead of the gate of Rashtriy Mill
Majdur Sangh, G. D. Baker Marg, an unknown individual who came
on black colour motor bike, who had worn helmat and brown colour
Tshirt snatched the Mangalsutra worn by the informant. After
snatching the Mangalsutra the applicant/accused fled from the spot.
Thus, the offence was registered under Sections ibid.

3.

Ld. Advocate for applicant/accused states that, the
applicant/accused is falsely implicated and is accordingly arrested on
the basis of suspicion.
lodged
against
It is stated that, the offence was initially
the
unknown
person
and
the
applicant/accused/accused has no any concern with the present
crime. Further, it is stated that, the investigation has concluded and
the charge-sheet has been filed in the matter. Hence, further
incarceration is not necessitated.

Hence, the Ld. Advocate for
applicant/accused prayed for enlarging the applicant/accused on
bail.
4.

Per contra the prosecution has filed their reply vide Exh.2,
and inter alia have resisted the application upon various grounds. It
is categorically stated that, the applicant/accused does not reside in
Mumbai and there is every possibility that, the applicant/accused
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Cri. B.A. 1062/2024.
might further commit similar such offence.

Also, the offence
committed by the applicant/accused is serious in nature and hence
the prosecution apprehends for abscondance, tampering of evidence
and threatening to prosecution witnesses. Hence, the Ld. Prosecutor
prayed for rejection of application.
5.

Heard Ld. Advocate for applicant/accused and Ld. APP for
the State. Perused the application and reply.

6.

Gravamen of indictment against the applicant/accused is
that, the applicant/accused had snatched the Mangalsutra worn by
the informant, while she was proceeding from the road. It is stated
that, the offence was initially registered against unknown person and
thereafter, upon the basis of investigation as conducted by the sleuth
of respondent agency, wherein the sleuth during investigation went
through the CCTV Footage of the relevant area. Alongwith the same
also cross checked the location of the applicant/accused which was
found at the spot. Thus, upon the basis of such investigation the
applicant/accused was put under arrest.

7.

It is further evident that, the recovery in the present crime
has been effected and the Ld. Prosecutor has fairly stated for the such
recovery to have been effected by the sleuth of respondent agency.
Also, that the prosecution has not stated for any such abysmal track
record to the discredit of the applicant/accused. In this regard,
considering the allegations as leveled against the applicant/accused
recovery has been effected and charge-sheet has been filed in the
matter. Therefore, in my considerate view the apprehension of the
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Cri. B.A. 1062/2024.
prosecution can be taken care of by saddling stringent conditions
against the applicant/accused including marking of his presence
before the respondent agency. In the backdrop of aforesaid facts, I
hold that, the application deserves consideration. Hence, order
infra :ORDER
1. Bail Application No.1062/2024 is allowed.
2. The applicant/accused Abhishek Prabhashankar
Yadav being accused in C.R.No.361/2023 registered
with RAK Marg Police Station for the offences
punishable under Section 392 of Indian Penal Code,
be released on furnishing P. R. bond of Rs.30,000/(Rupees Thirty Thousand Only) with one or two
sureties in the like amount.
3. The applicant/accused and his sureties shall
provide their respective residential addresses,
mobile numbers and email addresses, if any. The
applicant/accused shall intimate any such change in
address or telephone number and Email ID
forthwith.
4. The applicant/accused shall not directly or
indirectly make any inducement, threat or promise
to any person acquainted with the facts of the
present case to dissuade them from disclosing such
facts to the Court.
5. The applicant/accused shall not tamper with the
prosecution evidence in any manner.
6. The applicant/accused shall attend the RAK Marg
Police Station on every Tuesday and Friday between
11.00 a.m. and 4.00 p.m. until further order.
7. The applicant/accused shall surrender his passport
if any with the investigating officer. If the applicant
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Cri. B.A. 1062/2024.
doesn’t have passport, he will furnish an affidavit to
that effect.
8. The applicant/accused shall not leave India without
permission of this Court.
9. Any breach of the conditions in this bail order shall
entail cancellation of bail forthwith.
10.Bail Application No.1062/2024 stands disposed of
accordingly.

Dr. ABHAY
AVINASH
JOGLEKAR
Date : 30.04.2024.

Digitally signed by
Dr. ABHAY AVINASH
JOGLEKAR
Date: 2024.05.03
16:49:38 +0530
(Dr. A. A. JOGLEKAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay (C.R.37)
Dictated on
: 30.04.2024.
Transcribed on : 02.05.2024.
HHJ signed on : 03.05.2024
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Cri. B.A. 1062/2024.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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