The City Civil and Sessions Court at Greater Bombay has granted bail to Dilip Singh Guman Singh Waghela (28), a farmer from Gujarat, who was arrested in connection with a dacoity (Crime No. 120/2024) at V. P. Road Police Station, Mumbai.
Additional Sessions Judge N. P. Tribhuwan allowed the application (Criminal Bail Application No. 971 of 2024) on April 18, 2024, primarily on the ground of parity, noting that two co-accused in the same case had already been released on bail by the same Court.
Case Details and Allegations
- Applicant: Dilip Singh Guman Singh Waghela, R/o Jathawada, Gujarat.
- Case: C.R. No. 120/2024 registered with V. P. Road Police Station.
- Offences: Sections 448 (Criminal trespass), 395 (Dacoity), and 323 (Voluntarily causing hurt) of the Indian Penal Code.
- Incident: On February 22, 2024, five unknown persons, including the applicant, allegedly entered the informant’s room, closed the door, demanded money, and assaulted the informant and his mother, snatching a mobile phone. When residents raised an alarm, the accused tried to flee. The applicant and one other (Sushil Sutar) were caught by the complainant and residents, while three others, including accused Sattyaraj and Vikas, escaped with the stolen phone.
Court’s Rationale for Granting Bail
The defense counsel, Mr. Shailesh S. Kharat, successfully argued for bail, emphasizing the following points:
- Parity: Two co-accused, Sushil Hamir Sutar and Sandeepkumar Shrichand Badjati, were already released on bail by the Sessions Court on March 14, 2024, and April 1, 2024, respectively. The defense argued that the allegations against the applicant and co-accused Sandeepkumar were the same.
- Limited Recovery: The investigation is considered “as good as completed,” and nothing was recovered or seized at the instance of the applicant.
- No Serious Injury/Weapon Use: The prosecution did not clarify whether the injuries sustained by the victims were simple or grievous. Critically, the prosecution story did not allege the use of a weapon while committing the offense.
- Low Risk: The Court noted that the offense under Section 395 is punishable up to 10 years, and the accused has no criminal antecedents.
The Court concluded that since the co-accused were granted bail and further custody of the applicant, who was arrested on March 7, 2024, was not necessary, he should be admitted to bail.
Bail Conditions
The Criminal Bail Application No. 971 of 2024 was allowed. Dilip Singh Guman Singh Waghela was released on bail upon:
- Bond: Executing a Personal Bond for ₹25,000/- with one or more sureties in the like amount.
- Police Station Attendance: The applicant must remain present at the concerned Police Station (V. P. Road P.S.) on every alternate Thursday between 10:00 a.m. to 1:00 p.m. for a period of 3 months or until the charge-sheet is filed, whichever is earlier.
- Non-Tampering: He shall not tamper with any of the prosecution witnesses, directly or indirectly.
- Cooperation: He shall co-operate with the investigation and make himself available for interrogation whenever required.