Deepak Kumar Ramsanehi Yadav Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1152 of 2024

MHCC020070882024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1152 OF 2024
Deepak Kumar Ramsanehi Yadav
Age 38 years, Residing at : Hill No.3,
Ashok Nagar, Near Rathod Medical
Store, Ghakopar (W), Mumbai 86
… Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Wadala Railway
Police Station, Mumbai)
… Respondent
Appearances :Ms. Smita Pawar , Ld. Adv. for applicant.
Mr. Ramesh Siroya , Ld. APP for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
Incharge of C.R.No.30
DATED : 13th May, 2024
ORDER
This is an application under Section 439 of Cr.P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the state. Perused
application, say and other documents on record.

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BA 1152/24
It is contention of the applicant that the applicant is
arrested by Wadala Railway Police Station, Mumbai in connection with
C.R. No.335/2024 for the offence punishable u/s 420,465,471 of IPC. It
is further contended that, applicant is innocent and he is falsely
implicated in this case. Nothing is seized at the instance of applicant.
Applicant. There is no further need of detention of the applicant.
Applicant is permanent resident of Mumbai. Applicant is ready to abide
conditions impose by Court. Hence, prayed for grant of bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail it will affect on the collection of evidence. If accused is
released on bail there are chances of flee away from justice. If accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR, as per the allegations of informant incident
occurred on 26.04.2024 when informant was on duty at Chembur
railway ticket reservation hall, at that time the applicant booked one
railway ticket. On further investigation two Adhar cards bearing name
Rafiq Ahmed and Deepak Kumar Ramasanehi Yadav were recovered
from the applicant. Forged Adhar cards were recovered from the
applicant . The applicant was arrested on 27.04.2024. Since then he is
behind bars. Taking in to considerations there are allegations about
forgery of Addhar cards by the applicant. THE AADHAAR (TARGETED
DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND
SERVICES) ACT, 2016 provides punishment for the offence of
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BA 1152/24
impersonates or attempts to impersonate another person. In view
of
special act and offence thereunder no offence under IPC is prima facie
made out against applicant. Alleged forged Aadhar Cards are already
seized by police. Now investigation related to the applicant appears to
have been completed. If certain conditions securing his presence are
imposed, he will be entitled for the bail. Hence, I pass the following
order :
ORDER
1.
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9.

Criminal Bail Application No. 1152 of 2024 is allowed.
Applicant/accused Deepak Kumar Ramsanehi Yadav be released
on bail on furnishing P.R. Bond of Rs.20,000/- along with one or
two more sureties in the like amount in connection with C.R.
No.335/2024 registered with Wadala Railway Police Station,
punishable under Section 420,465,471 of the IPC.
Applicant/accused shall attend Wadala Railway Police Station,
Mumbai, as and when required by Investigating Officer on notice.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
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
to the Court or to any Police Officer.
Applicant/accused shall not leave India without previous
permission of the Court.
Request of provisional cash surety is allowed for eight weeks.
Bail before learned Court below.
Criminal Bail Application No.1152 of 2024 stands disposed of
accordingly.

Date : 13.05.2024
Directly dictacted on computer
HHJ signed on
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
: 13.05.2024
: 13.05.2024
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BA 1152/24
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SIGNED JUDGMENT/ORDER.”
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