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BA 523/2024
16/03/2024
MHCC020038832024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by S.N.PATIL)
CRIMINAL BAIL APPLICATION NO.523 OF 2024
Mr.Rajkumar Mewalal Prajapati
Age: 38 years,Occ:-Service
Residing at near Shiv Mandir,
Vatsla Tai Naik Nagar,EE Highway road,
Mumbai.
Permanent r/at Sujangarh, Thana-Sujangarh,
Dist. Jaunpur, Uttar Pradesh
..Applicant/accused
VERSUS
State of Maharashtra.
(Through Chembur Police station)
..Respondent/State.
________________________________________________________
Appearance:Ld. adv. Shri Rajesh Kumar Salpuram and adv. Anurag Dubey for
the applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P. for the State/respondent.
Ld. advocate Smt. Chitra Salunkhe-intervenor.
________________________________________________________
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16/03/2024
CORAM : S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 16/03/2024
ORDER
1.

This is an application under section 439(1) of the
Cr.P.C., filed by the applicant/accused to release him on bail.
2.
prosecution.

Perused the application and say filed by the
Heard both sides. Also heard Ld. Counsel Smt.

Chitra Salunkhe who is the intervenor.
PROSECUTION CASE
3.

Informant-Smt.Chitra
Anand
Salunke
filed
complaint at Chembur Police Station. She alleged that accusedAmjad Akhtar Shaikh was working as a driver with her. He has
stolen Rs.3 lacs of the informant. Accused-Amjad used to take
Rs.6,000/- on each Saturday from the informant for petrol
expenses. Accused-Amjad used to fill the petrol in the car of
lesser amount and took the bogus bill from the employee who is
the present applicant/accused of the petrol pump of high
amount. Accused-Amjad used to give him Rs.300/- for the said
bogus bill.

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4.

16/03/2024
On the basis of the said information, crime bearing
No.36 of 2024 was registered against the applicant/accused at
Chembur police station for the offence punishable under
Sections 381, 408, 420, 34 of the Indian Penal Code.
5.

Applicant/accused prayed for bail on following
amongst other grounds:a-
Applicant/accused is falsely implicated in
the present matter.

b-
There is delay in filing the present F.I.R.

c-
The ingredients of the offences under Section 381,
420,408 of the Indian Penal Code are not attracted
in the present case.

d-
The investigation of this case is practically over.

e-
The applicant/accused is a permanent resident
of Mumbai.

f-
Applicant/accused is ready to abide by the
conditions imposed upon by the Court.
By
making
these
submissions,
Ld.

Counsel
appearing for applicant/accused prayed to release him on bail.
6.

Ld. APP and Investigating officer submits that if
applicant/accused is released on bail, he will commit similar
type of offence, pressurize the witnesses and he may flee away
from justice.

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BA 523/2024
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By making these submissions, Ld. APP prayed to
reject the application.
7.

Ld. Counsel Mrs.Chitra Salunkhe submitted that
there is prima facie case against the applicant/accused.
investigation is not yet completed.

The
The applicant/accused is
deliberate offender. If the applicant/accused is released on bail,
he will commit similar type of offence and pressurize the
witnesses.
By
making
these
submissions,
Ld.

Counsel
Mrs.Chitra Salunkhe prayed to reject the bail application.
8.

Ld. Advocate appearing for applicant/accused
submitted that FIR is filed belatedly. In the said F.I.R. name of
the applicant/accused is not mentioned. The applicant/accused
was not working with the informant.

He has no direct
connection with the informant and therefore Sec. 381 of the
Indian Penal Code is not attracted. Nothing has been recovered
from the applicant/accused. Applicant/accused has no criminal
antecedents.
By making these submissions, Ld. Advocate for
applicant/accused prayed to release him on bail.
9.

Ld. A.P.P. submitted that investigation is in progress.

If the applicant/accused is released on bail, he may tamper the
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prosecution witnesses.
By making these submissions, Ld. A.P.P. prayed to
reject the bail application.
10.

Ld. Counsel Mrs.Chitra Salunkhe submitted that
applicant/accused has admitted his participation in the alleged
offence before the police.

The handwriting on the bills is
different and therefore there is chances of more accused persons
involved in the offence. If the applicant/accused is released on
bail, he will abscond and will not be available for trial.
By
making
these
submissions,
Ld.

Counsel
Mrs.Chitra Salunkhe prayed to reject the bail application.
11.

Ld. Counsel Mrs. Chitra Salunkhe relied upon the
case of Jagjeet Singh and others V/s Ashish Mishra alias Monu
and another of Hon’ble Apex Court, (2022) 9 Supreme Court
Cases 321.
I have gone through the said citation. With greatest
of respect, the ratio laid down therein is not applicable to the
case in hand as it is on different footings.
12.

Considered the submissions advanced on behalf of
both sides. It is the contention of the prosecution that
applicant/accused
in
conspiracy
with
the
accused-Amjad
prepared fake bills of petrol and cheated the informant. The
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BA 523/2024
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applicant/accused was not working with the informant and
therefore ingredients of Sec.381 of the Indian Penal Code are
not attracted against the applicant/accused. The name of
applicant/accused is not mentioned in the F.I.R. Nothing has
been recovered from applicant/accused.
13.

Though it is claimed by the intervenor that
investigation is not yet completed.

But, from the say of the
prosecution, it can be revealed that the investigation of this
matter is almost completed. Applicant/accused was in police
custody for the period of more than 40 days. Concern document
is recovered from applicant/accused. There is no need to keep
applicant/accused behind the bars as principle of law is that bail
is rule and jail is an exception.
14.

If the applicant/accused is released on bail with
stringent conditions, the purpose would be served and the
possibility of absconding and tampering with the witnesses may
be curtailed. No purpose would be served by languishing the
applicant/accused behind the bars. So considering all the above
aspects and the nature of the offence, present applicant/accused
is entitled to be released on bail with certain conditions in the
light of alleged apprehension of the prosecution. Hence,
applicant/accused is entitled for regular bail. In the result,
following order:-
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ORDER
1.

Criminal Bail Application No.523 of 2024 is allowed
2.

Applicant/accused –Mr.Rajkumar Mewalal Prajapati
be
released on furnishing PB of Rs. 25,000/- with one or more
solvent sureties of the like amount in crime No. 36/2024
registered at Chembur Police Station.
3.

The
applicant/accused
shall
not
tamper
with
the
prosecution evidence or witnesses in any manner.
4.

The accused/applicant 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 or
tamper with the evidence.
5.

The applicant/accused shall remain present before the
investigating officer of Chembur police station once in a month
i.e. 25th day of each calender month till filing of charge sheet for
smooth investigation.
6.

The accused/applicant shall not leave India without prior
permission of this Court.
7.

The accused/applicant be released on provisional cash
bail of Rs.25,000/- for a period of four weeks from today.

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8.

16/03/2024
Criminal bail application No.523 of 2024 is disposed of
accordingly.

( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

16/03/2024
Dictated on
Transcribed on
Signed on
:
:
:
16/03/2024
16/03/2024
16/03/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”
16.03.2024 at 6.00 pm
UPLOAD DATE AND TIME
Name of the Judge (with Court
Room No.)

Mrs. T.C.KAMBLE
NAME OF THE STENOGRAPHER
HHJ SHRI.S.N.PATIL(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 16/03/2024
Order signed by P.O. on
16/03/2024
order uploaded on
16/03/2024