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Criminal Bail Application No.629/2022
CNR NO. MHCC02-003617-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.629 OF 2022
IN
C.R. NO. 138 OF 2022
Akash Dattaram Kadam
Age : 26 Occ: Service,
Adhar Card No.3636 6039 3654
R/at R No.51, Bld No. 18, B.D.D. Chawl,
2nd Floor, Worli Naka, Mumbai – 400018
…Applicant
Versus
1. State of Maharashtra
(Through Police Inspector,
Santacruz Police Station)
2. Auzuma Altaf Shaikh
Age: Adult, Occ: Service
R/at House No.251, Henry Villa, Kuasa,
Mumbra, Thane.

…Respondents.

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Criminal Bail Application No.629/2022
Appearances:
Advocate Mr. Karan Chakranarayan for the applicant/Accused.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 4th APRIL, 2022.
:ORDER:
This is bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”) for
grant of regular bail in connection with Crime No.138/2022 for the offence
punishable under Sections 354, 354(d), 323, 504, 506 and 427 read with
34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”)
registered with Santacruz Police Station.
2.

Heard argument of learned counsel for accused and learned APP for
the State.
3.

Perused application and say filed by prosecution.

4.

Prosecution has alleged that at the time of incident applicant-
accused along with co-accused came on motorcycle when informant was
travelling by auto rickshaw. That time all accused stopped auto rickshaw. It
is further alleged that accused Akash pulled T-shirt of informant and
assaulted on her chest and he was pulling her hair. It is further alleged that
other co-accused Vardhman also beat her. It is further alleged that
informant’s friend named Umesh Kamble was also beaten by accused
Akash and co-accused. It is further alleged that in the scuffle, gold chain of
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Criminal Bail Application No.629/2022
informant was broken and fall down. It is alleged that people gathered and
all three accused went away. Therefore, FIR came to be lodged with police.
5.

Prosecution has submitted that if accused is released on bail then he
may threaten informant and other witnesses and commit serious offence
against lady and objected the bail application.
6.

Accused has contended that the FIR is filed after delay and nothing
is to be recovered and discovered from him. Prosecution has not brought
any criminal antecedents of accused on record. Considering allegations
against applicant-accused and circumstances, it appears, no purpose is
going to be served by keeping accused behind the bar. Hence, it will be
proper to release accused on bail. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.629 of 2022 is allowed.

2.

Accused viz. Akash Dattaram Kadam be released on bail on his
furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand
only), with one or more surety/sureties in the like amount, in
C.R.No.138/2022 for the offence punishable under Sections 354,
354(d), 323, 504, 506 and 427 r/w 34 of IPC registered with
Santacruz Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall co-operate with the investigation of Police.

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Criminal Bail Application No.629/2022
(iv) Accused is directed to attend concerned Police Station on every
Thursday between 10.00 a.m. to 12.00 noon till final report is
submitted in this case by police.
(v) Accused shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the court or
any police officer.
(vi) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue with
the mobile numbers provided to Investigating Officer will inform
new mobile number to Investigating Officer till the conclusion of
the trial. Investigating Officer to submit such addresses and phone
and mobile numbers to the Court.
3.

Criminal Bail Application No.629 of 2022 stands disposed of
accordingly.

Dt. 04.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 04.04.2022
: 04.04.2022
: 04.04.2022
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Criminal Bail Application No.629/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
07/04/2022 at 12.26 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 04/04/2022
Judgment/Order signed by P.O.on
04/04/2022
Judgment/Order uploaded on
07/04/2022
(Court