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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.640 OF 2022
CNR NO. MHCC02­003672­2022
Akash Shridhar Jadhav @ Gotya
Age : 26 years,
R/at : Shivrudh Apt., Chichoyacha Pada,
…Applicant/Accused
Subhash Road, Dombivali (W), Thane.
Vs.
The State of Maharashtra
(At the instance of R.A.K. Marg Pol. Stn.) …Respondent/State
Appearance :­
Ms. Archana Oval, Ld. Advocate for the Applicant/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 29 MARCH, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
Applicant seek his release on bail under Section 439 of Cr.
P.C. in connection with C.R. No.470/2021 registered with R.A.K. Marg
Police Station for the offences punishable under Sections 307, 324, 34
of the Indian Penal code.
2.

Aforesaid crime emerged from the report dated 19.12.2021
lodged by Advocate Nikhil D’soza alleging therein that on 18.11.2021
one Shubham Sharma made a facebook call to him and threatened for
life. On 18.12.2021 at around 10.15 p.m. when he was chit­chatting
with his father in the periphery of his residential premises, at that time,
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two persons, whose faces were covered, came on motor bike and
hacked sharp weapon on his head. After taking medical aid, he lodged
the report. On the basis of aforesaid information, above said crime is
registered.
3.

The Ld. Advocate for the applicant urged that applicant is
innocent and falsely rope in given case. She further urged that
investigation is completed and further incarceration of the applicant is
unwarranted. She urged that the co­accused Balraj Talla is released on
pre­arrest bail by the Hon’ble High Court vide ABA No.416/2022 dated
16.02.2022 and other co­accused are released on bail by this Court vide
order dated 22.02.2022 in B.A. No.242 of 2022, order dated 8.03.2022
in B.A. No.445 of 2022 and order dated 17.03.2022 in B.A. No.525 of
2022. Lastly, she requested to release the applicant on bail.
4.

Ld. APP resisted the application by filing reply Exh.2 and
inter alia contended that applicant has played vital role in the alleged
crime. During the course of investigation, the complicity of the
applicant came fore that on his say, co­accused has inflicted the
raizer/blade on person of informant and he has promise to pay
Rs.20,000/­ to them. There are other six crimes of similar nature
registered against the applicant and if he released on bail, there is
possibility of tampering the prosecution witnesses. Considering the
prima facie material against the applicant, he is not entitled to release
on bail. Lastly, she requested to reject the application.
5.

Heard Ld. Advocate for the applicant and Ld. APP for State.

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6.

On going through the investigation papers and police
report, it appears that on applicant’s say co­accused has inflicted the
razer/blade on person of informant. He has not participated in assault.
Co­accused Balraj Talla is released on pre­arrest bail by the Hon’ble
High Court vide ABA No.416/2022 dated 16.02.2022 and other co­
accused are released on bail by this Court. The articles are recovered.
The informant suffered one simple injury. Thus, prosecution has
collected sufficient material against applicant for trial. The applicant
was arrested on 29.12.2021 and since then he is behind bar. It appears
that investigation is completed and charge­sheet is filed. Considering
the nature of accusation, released of co­accused Balraj Talla on pre­
arrest bail by the Hon’ble High Court, released of other co­accused on
bail by this Court and filing of charge­sheet, further incarceration of the
applicant is unwarranted. Hence, the following order :­
ORDER
1.

Criminal Bail Application No. 640 of 2022 is allowed.

2.

Applicant/accused Akash Shridhar Jadhav @ Gotya be released
on bail on his furnishing P.R. Bond of Rs.15,000/­ along with one
surety of like amount in connection with C.R. No.470/2021
registered with R.A.K. Marg Police Station for the offences
punishable under Sections 307, 324, 34 of the IPC.

3.

Applicant/accused shall attend R.A.K. Marg police station on
notice by Investigating Officer.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

The applicant/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 him from disclosing such facts
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to the Court or to any Police Officer.
6.

Applicant/accused shall not leave India without the previous
permission of the Court.

7.

Bail before Ld. Court below.

8.

Criminal Bail Application No.640 of 2022 stands disposed of
accordingly.

Date : 29.03.2022
Dictated on
: 29.03.2022
Transcribed on : 29.03.2022
HHJ signed on : 29.03.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
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Room No.)
Date
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Pronouncement
JUDGMENT /ORDER
of 29.03.2022
JUDGMENT /ORDER signed by P.O. 29.03.2022
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