CRI. BA 963/2024
1
ORDER
MHCC020061422024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 963 OF 2024
( CNR NO.: MHCC02-006142-2024 )
Mr. Gokul Karbari Bhadait
Age: 27 years, Occ.; Service,
Residing at Room No. 3, Yamunabai
Chawl, Near Buddha Mandir, Tembi
Pada, Bhandup (W), Mumbai-400078
…Applicant/Accused No.2
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.195/2024)
…Respondent/State.

Appearance:Ld. Advocate Manoharan for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 29.04.2024.

CRI. BA 963/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 195 of 2024 dated 27.03.2024
registered with respondent/state for the offences punishable under
Sections 326, 324, 323, 504 r/w. Section 34 of the Indian Penal Code,
1860.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie inclined
in impugned crime the applicant and two co-accused are involved. They
all are arrested. Against them the informant/victim Sushil Vinod Rai has
raised the allegation that on 25.03.2024 at 01:30 p.m. when he was
proceeding towards his residence, at that time the accused who
obstructed to him, stopped him and started teasing with him. Upon
given understanding to them they annoyed and raised attack by a
paver-block. While it the accused no.1 Tushar Mahadeshwar delivered a
blow by said paver-block on his left eye. Further, applicant also
CRI. BA 963/2024
3
ORDER
delivered a blow by the same paver block on his head. Therefore, he
severely got injured. The applicant has denied the entire allegations and
raised the plea of false implication. As well as alleged that against him
no any serious in natures allegations raised. He has not assaulted to
informant. He is immediately arrested after raising of the impugned
crime.
5.

Whilst the respondent/state has strongly opposed to the
bail plea of applicant by raising objections that the applicant was
actively involved in the alleged crime. He was companion of main
accused and assaulted to informant by paver-block on his head. Such
allegations are serious in natures. Thus, considering the same primafacie inclined with regard to the impugned crime dated 25.03.2024, the
present FIR is raised on 27.03.2024. Against the applicant raised the
plea and grievance that he was accompanied with co-accused and by
abusing assaulted to informant by same paver-block. The same is
recovered. The bail plea of applicant is pleased to rejected by Ld. Trial
Court.
6.

Thus considering the same revealed against the applicant
alleged that he has assaulted to informant by a paver-block on his head.
Due to that the informant has caused serious in natures head injury.
However, record reveals the said paver-block is already detected and
seized. The applicant is arrested immediately after raising of impugned
crime. It is alleged that initially the accused no.1 Tushar Mahadeshwar
has raised the attack on the informant and started to beating by paverblock. The bail plea of applicant is pleased to rejected just on the
ground serious in natures punishment prescribed for the offence
CRI. BA 963/2024
4
ORDER
u/s.326 of the IPC. Considering the allegations levelled against the
applicant would reveal certainly substantial material facts and
circumstances must have to investigated. Till now medical/injury
certificate is not availed. In such eventualities I felt by saddling
stringent conditions would appropriate to have the relief sought by the
applicant. With this passed the following order.
:ORDER:
1.
The present Criminal Bail Application No. 963 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.
The applicant Mr. Gokul Karbari Bhadait, age 27 years, residing at
Room No. 3, Yamunabai, Chawl, Near Buddha Mandir, Tembi Pada,
Bhandup (W), Mumbai-400078 be released on executing a P.R. Bond of
Rs. 1,00,000/- (Rupees One Lakh Only) and furnish one or two solvent
sureties in the like amount in connection with the crime vide C.R.
No.195 of 2024 registered with Bhandup Police Station for the offences
punishable under Sections 326, 324, 323, 504 r/w. Section 34 of the
Indian Penal Code, 1860.
b.
The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.
The
applicant
shall
record
his
attendance
with
respondent/Bhandup Police Station on every Friday of every week
between 11:00 a.m. to 05:00 p.m. until submission of charge-sheet.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

f.
The applicant shall not leave India without prior permission of
Ld. Trial Court.

CRI. BA 963/2024
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ORDER
g.
The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial Court.

i.
Accordingly, inform to the Ld. Trial Court, Investigating
Officer/Bhandup Police Station by sending copy of this order.
j.

The respondent/Bhandup Police Station to take note of this order.

k.
The present Criminal Bail Application No.963 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 29.04.2024
: 30.04.2024
: 02.05.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.03
13:04:03 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 963/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03/05/2024, 01.02 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
29.04.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
03.05.2024