MUMBAI, April 18, 2024 — The Court of Sessions at Greater Bombay has granted regular bail to Ajay Vitthal Kirtikar, a 55-year-old service employee, who was arrested in connection with a case involving charges of assault or criminal force to a woman with intent to outrage her modesty (Section 354 of the IPC) and word, gesture, or act intended to insult the modesty of a woman (Section 509 of the IPC).
Additional Sessions Judge Shri N. G. Shukla (Court Room No. 29) passed the order on April 15, 2024, allowing the bail application despite the accused’s history of non-attendance in court.
Bail Granted Despite History of Non-Attendance
The bail application was filed under Section 439 of the Code of Criminal Procedure, stemming from C.R. No. 428/2022 registered at Chembur Police Station. The accused, represented by Advocate Jignesh K. Jain, had been in custody since January 18, 2024, after being arrested in execution of a Non-Bailable Warrant (NBW).
The court noted that the previous rejection of his bail plea by the Metropolitan Magistrate’s Court was due to his failure to appear for trial, which suggested a likelihood of him giving threats to the informant.
However, after considering the nature of the allegations and the record, the Sessions Court decided to release him on bail, but with stringent conditions to ensure his future compliance and the safety of the complainant.
Conditions Restrict Accused’s Movement and Contact
Ajay Vitthal Kirtikar was released on a Personal Recognizance (PR) bond of Rs. 15,000/− with one surety of the like amount. At the request of his advocate, the court provisionally permitted him to furnish a cash security of Rs. 15,000/− in lieu of a surety for three weeks.
The order imposed several specific conditions, particularly focusing on preventing him from intimidating the complainant:
- Mandatory Police Reporting: The accused must attend the Chembur Police Station on the first day of every month to ensure his attendance in Court during the trial.
- Court Attendance: He must attend each and every date of the case proceedings.
- No Contact/Threats: He is prohibited from contacting, pressurizing, or giving threats to the informant or any prosecution witnesses.
- Restricted Entry: A significant condition mandates that the accused shall not enter the limits of Tilak Nagar, where the informant resides, until the recording of the informant’s evidence is complete.
- Breach Warning: The court warned that a breach of any of the conditions will be grounds to cancel the bail.
With these conditions in place, Bail Application No. 947 of 2024 was disposed of.