BA 669/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 669 OF 2022
( CNR NO.: MHCC020038782022 )
Rutik Santosh Bagul
Age: 21 Yrs, Occ: Business,
R.at, Room No. 125,
Galli No. 5, Sanjay Gandhi Nagar,
Shashtri Nagar, Pant Nagar,
Ghatkopar (W),
Mumbai 400 075
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Pant Nagar
Police Station vide C.R.No.147/22)
…Respondent/State.
Appearance:
Shri. Samadhan Sulane, Advocate for the applicant/Accused.
Smt. Ujjwala Karvate, Addl.PP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 11.05.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 147 of 2022 registered at Pant Nagar Police Station for
offences punishable under Sections 307, 143, 147, 148, 149 of Indian
Penal Code and Section 135 of the Maharashtra Police Act.
BA 669/22
2.
2
ORDER
The prosecution case is that on 18.03.2022 at about 3.30
a.m., while the informant was taking food, accused Ganesh, accused
Sagar came there and slapped him. Therefore, being afraid the
informant concealed himself in a street. Accused Rupesh, accused
Vishal, accused Rutik and accused Moin came there. They started to
beat the informant. Accused Rupesh dealt iron rod blow on the head of
the informant, but the informant intervened his right hand thereby
injury was caused to his right hand and head. Accused Vishal, Rutik and
Moin assaulted the informant by kicks, abused him and threatened to
kill him.
3.
The learned advocate on behalf of the applicant argued
that there is no material against the applicant. His role is limited to
assault by kicks. No need of his further custody. Therefore, the learned
advocate requested to allow the application.
4.
On the other hand, the learned APP submitted that there is
material showing involvement of the applicant in commission of the
crime. Investigation is in progress. Therefore, she requested to reject the
application.
5.
On perusal of the First Information Report, the allegation is
that accused Rupesh dealt iron rod blow on the head of the informant.
The role attributed to the present applicant is that he dealt kicks to the
informant, abused and threatened to kill him. Thus, it is not that the
applicant dealt iron blow. There was no weapon with the applicant.
Considering role of the applicant it is appropriate to release him on bail
subject to certain conditions. Hence, order as follows is passed:
BA 669/22
3
ORDER
:ORDER:
1. The Bail Application No.669 of 2022 is allowed as under.
2. The applicant accused namely Rutik Santosh Bagul be released on
bail on executing personal bond of Rs.20,000/ and one or two solvent
sureties of the same amount in Crime No. 147 of 2022 registered at
Pant Nagar Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4
The accused shall attend the Pant Nagar Police Station till 1 st and
15th day of each month in between 10.00 am to 12.00 pm till filing of
the chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat 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.
BA 669/22
10.
4
ORDER
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
11.
Bail before the Court of Metropolitan Magistrate.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
BHAGWAT
LAXMANRAO
Date:
BHAGWAT
2022.05.13
11:23:39
+0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 11.05.2022
: 12.05.2022
: 13.05.2022
BA 669/22
5
ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
13.05.2022, 5.00 pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
11.05.2022
Order signed by P.O. on
13.05.2022
order uploaded on
13.05.2022