B.A.221/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 221 OF 2022
( CNR NO.: MHCC02­001106­2022 )
Rahul Vikas Katalkar
Age: 20 years, Occ: Nil
R/o: R.C. Marg, Om Ganesh
Nagar, Vashi Naka, Chembur
FCI, Mumbai­ 400074.

…Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of R.C.F. P.Stn.
Vide C.R. No.629/2021)
…Respondents/State.

Appearance:­
Mr. S.R.Kanojia Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 22/02/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Rahul Vikas Katalkar in crime No.629/2021 under
section 307,326,504,506 of IPC and sections 37(1)(A) of Maharashtra
Police Act, registered at police station R.C.F., Mumbai.
Facts in brief are as under :­
2.

Complainant Mustafa resides at Vashi Naka, Chembur, Mumbai.

Accused also resides in the same locality. Accused used to quarrel with
the complainant without having any reason. On 5/11/2021 at about
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19.15 hours complainant was going by walk from R.C.F. Colony to his
house, as Saihyadri Nagar­B near Rickshaw stand. Accused was sitting
alongwith his 3­4 friends and they were drinking liquor. Accused saw
the complainant. Accused came behind the complainant and assaulted
by knife on the back side of the complainant. Accused abused to the
complainant. Accused also assaulted by knife below right side of chest
and abdomen of complainant. Complainant sustained grievous injuries.
Thereafter, complainant went to his house.

He was admitted to
Rajawadi hospital. There statement of complainant was recorded.
3.

On the statement of the complainant crime was registered. During
investigation accused was arrested. The knife was seized from the
possession of accused. Statements of witnesses were recorded and after
completion of investigation, charge­sheet is filed against the accused.
4.

Mr. Kanojia Advocate for applicant/accused has submitted that
applicant is innocent and he has not committed any crime. Police have
shown false recovery from the applicant. Ingredients of section 307 of
IPC do not attract. Applicant/accused is young and only bread winer of
his family. He is ready to abide by the conditions if any imposed by the
Court. Hence, he prayed to release the applicant/accused on bail.
5.

Mr. Ramesh Siroya, APP for the State has submitted that accused
is habitual offender. Complainant, accused and witnesses reside in the
same locality and if the accused is released on bail then he will
pressurize the witnesses. Hence, he prayed to reject the application.
6.

I have perused the charge­sheet.

It is alleged that accused
assaulted to the complainant by knife. Investigating papers do show
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that knife was recovered and after completion of investigation charge­
sheet is filed against the accused.

Accused is in custody since
6/11/2021. it appears that accused is young and he is ready to abide by
the conditions if any imposed by the Court. Further, custodial
interrogation of the applicant is not necessary. Therefore, considering
the facts and circumstances of the case, I find that applicant/accused is
entitled for bail. Therefore, following order.
ORDER
1.

Bail Application No. 221/2022 is hereby allowed.

2.

Applicant/accused namely Rahul Vikas Katalkar in
C.R.No.629 of 2021 registered with R.C.F. police station
for the offence punishable under Sections 307,326,504,
506 of IPC and sections 37(1)(A) of Maharashtra
Police Act, shall be released on his executing PR Bond
of Rs.25,000/­ (Twenty Five Thousand only) with
one or more sureties of the like amount on the
conditions that :­
a)
He shall not pressurize the prosecution witnesses in
any manner.

b)
He shall not commit any offence while on bail.

c)
He shall attend the dates of Court regularly unless
exempted by the Court.

d)
He shall furnish his correct address to the
investigating officer.

3.

He be released on provisional cash bail of Rs.25,000/­.

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Duration of provisional cash bail shall be for four weeks.
4.

Bail before Ld. Metropolitan Magistrate.

5.

Bail Application No.221/2021 is disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.02.24
16:59:26 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 22.02.2022.
: 24.02.2022.
: 24.02.2022.

B.A.221/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
24.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
22.02.2022.

Order signed by P.O. on
24.02.2022.

order uploaded on
24.02.2022.