The Court of Sessions for Greater Bombay, at Mumbai, granted bail to the applicant, Mr. Gokul Karbari Bhadait, in an order dated April 29th, 2024. The application, Criminal Bail Application No. 963 of 2024, was filed under Section 439 of the Cr.P.C. in connection with C.R. No. 195 of 2024 registered at Bhandup Police Station for offenses including Sections 326 (Voluntarily causing grievous hurt by dangerous weapons), 324, 323, and 504 read with Section 34 of the IPC. Despite the severity of the charges, particularly Section 326, the court decided that continued detention was not warranted, subject to stringent conditions.
The Prosecution’s Case and Allegations
The prosecution alleged that on March 25th, 2024, the informant/victim, Sushil Vinod Rai, was obstructed and teased by the applicant and two co-accused. Following an argument, the accused attacked the victim with a paver-block. Specifically, the prosecution alleged that co-accused Tushar Mahadeshwar struck the victim on the left eye, while the present applicant, Gokul Karbari Bhadait, delivered a blow with the same paver-block on the victim’s head, causing a serious injury. The State strongly opposed the bail plea, citing the serious nature of the allegations and the applicant’s active involvement as a companion of the main accused.
The Court’s Rationale for Granting Bail
After considering the arguments from Ld. Advocate Manoharan for the applicant and Ld. S.P.P. S.V. Kekanis/Manisha J. Parmar for the State, the Additional Sessions Judge, S.M. Tapkire, focused on the current status of the investigation and the nature of the evidence:
- Weapon Seized: The court noted that the alleged weapon used in the assault, the paver-block, has already been detected and seized by the investigating officer. This fact mitigates the risk of the applicant tampering with physical evidence.
- Order of Attack: The record indicates that the main attack was initiated by co-accused No. 1, Tushar Mahadeshwar, who struck the victim’s eye. While the applicant is alleged to have struck the head, the initial assault role was attributed to the co-accused.
- Investigation Stage: The court recognized that although substantial material facts need investigation, the applicant was arrested immediately, and the medical/injury certificate was still not available on record at the time of the bail hearing.
- Stringent Conditions: Given that the offense under Section 326 IPC prescribes a serious punishment, the court decided that the ends of justice would be met by saddling the applicant with stringent conditions rather than continuing his incarceration.
Bail Conditions Imposed
The Criminal Bail Application was allowed, and the applicant, Gokul Karbari Bhadait, was ordered to be released on bail by executing a P.R. Bond of ₹1,00,000/- (Rupees One Lakh Only) and furnishing one or two solvent sureties in the like amount, subject to the following key conditions:
- Police Attendance: The applicant shall record his attendance with Bhandup Police Station on every Friday between 11:00 a.m. and 5:00 p.m. until the submission of the charge-sheet.
- No Tampering: He is strictly prohibited from tampering or hampering the prosecution witnesses and evidence in any manner.
- Trial Attendance: The applicant shall attend every date of trial without fail.
- No Further Crime: He shall not indulge in any criminal activity.
- Travel Restriction: He shall not leave India without the prior permission of the Ld. Trial Court.
By imposing these strict terms, the court balanced the applicant’s right to liberty with the need to ensure a smooth and fair investigation and trial process.