The Court of Sessions for Greater Mumbai has granted regular bail to Kuldeep Gupta, a young man and student accused of causing grievous hurt in a localized assault. H.H. Additional Sessions Judge A.S. Salgar (C.R. No. 24), in an order dated April 22, 2024, in Criminal Bail Application No. 928 of 2024, ruled that the applicant’s further detention was unwarranted since the investigation was practically complete, and the injured victim had already been discharged from the hospital and was out of danger. Mr. Gupta was arrested in connection with C.R. No. 133/2024 registered with R.C.F. Police Station for offenses punishable under Sections 323 (Voluntarily causing hurt), 326 (Voluntarily causing grievous hurt by dangerous weapons or means), and 504 (Intentional insult with intent to provoke breach of the peace) of the Indian Penal Code (IPC).
The Allegations: Grievous Injury by Stone
The First Information Report (FIR) named the applicant, alleging that he abused and assaulted the complainant. The assault escalated when Mr. Gupta allegedly lifted a stone and pelted it towards the complainant, hitting him on the head and causing a grievous injury. The charge under Section 326 IPC, which is non-bailable, was invoked due to the severity of the injury caused by the stone, classified as a “dangerous means.”
Defense and Prosecution Contentions
The applicant’s counsel, Mr. Sunny Singh, argued that Mr. Gupta was innocent, a student with no prior criminal background, and that nothing further was required to be recovered from him. The defense asserted that the continued detention served no purpose and that the applicant was ready to abide by any conditions imposed by the Court.
The Investigating Officer and Ld. APP Ms. Geeta Sharma strongly opposed the application. Their primary objection was based on the severity of the injury sustained by the complainant and the fear of witness tampering. They pointed out that both the complainant and the applicant resided in the same locality, creating a high possibility that the accused would influence the prosecution witnesses if released.
Judicial Rationale: Focus on Investigation Status and Victim’s Health
Judge Salgar carefully considered the evidence and the status of the investigation before making the decision:
- Investigative Completion: The Court noted that the stone (the weapon of offense) had already been seized from the spot under a panchanama. Furthermore, the investigating officer had recorded witness statements, drawn the spot panchanama, and collected the medical certificate. The Court explicitly stated that “Practically investigation of crime is completed. Therefore further detention of accused is not required.”
- Lack of Recovery: The police themselves conceded that “Nothing has been recovered at the instance of applicant/accused,” rendering continued custodial interrogation unwarranted.
- Victim’s Status: Significantly, the Court was informed that the complainant had been discharged from the hospital and was “out of danger,” mitigating the severity of the crime in terms of the current risk to the victim’s life.
- Triable by Magistrate: The Court pointed out that the alleged offense is triable by the Ld. Metropolitan Magistrate, suggesting a less severe judicial category than offenses triable solely by the Sessions Court.
- No Criminal Antecedents: The applicant’s lack of a criminal record was a favorable factor.
The Court found that by imposing strict conditions, the fears of the prosecution regarding tampering could be addressed without denying the applicant his liberty.
Conditions Imposed for Release
The Criminal Bail Application No. 928 of 2024 was allowed. Kuldeep Gupta was released on regular bail upon furnishing a P.R. Bond of ₹25,000/- along with one or more sureties in the like amount. A provisional cash bail of ₹25,000/- was also allowed for a period of four weeks to allow him time to furnish the solvent surety.
Key conditions imposed by the Court included:
- Police Reporting: The applicant is directed to attend the R.C.F. Police Station every Sunday between 11:00 a.m. to 01:00 noon until the filing of the charge-sheet.
- Non-Tampering: He must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case and must not tamper with the evidence.
- Non-Repetition: He is directed not to commit similar types of offenses.
- Travel Restriction: The applicant shall not leave India without the prior permission of the Trial Court.
This decision reflects a judicial emphasis on the status of the investigation and the actual risk posed by the accused, demonstrating that detention is not warranted merely for the sake of punishment when the investigation is complete.