MHCC020063962024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1032 OF 2024
Mr. Sameer Chanchal Kumar Yadav
Aged 20 years,
R/at : Room No. 67, First Floor 01,
H. K. footwear, R. C. Marg Bar Chembur
Camp, Near Santoshi Mata Mandir,
Chembur, Mumbai.

… Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Chembur
Police Station, Mumbai)
… Respondent
Appearances :Mr. Amrish Salunkhe, Ld. Adv. for applicant.
Mrs. Ranjana Budhwant, Ld. SPP for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
(Incharge of Court Room No. 17)
DATED : 14th 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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It is contention of the applicant that the applicant is
arrested by Chembur Police Station, Mumbai in connection with C.R.
No.192/2024 for the offence punishable u/s 307, 324, 395, 397, 452,
506(2), 427 of IPC with Sections 4, 25 of Arms Act and Sections 37(1)
(A), 135 of Maharashtra Police Act. It is further contended that,
applicant is innocent and he is falsely implicated in this case. Applicant
has not assigned any role in the alleged offence. Nothing is seized at the
instance of applicant. In such circumstances, there is no need of further
detention of the applicant. Applicant is permanent resident of Mumbai.
Applicant is ready to abide conditions impose by Court. It is also
submitted that due to arrest and detention of applicant his scheduled
marriage on 24/04/2024 could not performed. If he is released on bail
he may perform marriage. Hence, prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application on
the ground that nature of offence is serious. Another accused are yet to
be arrested. Applicant, another accused and informant are residing in
same locality. Stolen property is yet to be seized. If applicant is released
on bail there is possibility of tempering evidence of prosecution. Hence,
prayed for rejection of application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR, as per the allegations of informant quarrel took
place between informant’s cousin sister’s son namely Krish Dhanawat
and Pratham Rajput and Sonu Chhari. Thereafter, Pratham, Sonu and
applicant came informant’s house and started quarrel with informant.
At that time applicant assaulted informant’s brother Ranjit on his left
hand by knife. Thereafter, on 13.04.2024 at about 8.00 pm Shiva Gupta,
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BA 1032/24
Aman Shaikh, Mahesh Gade, Aakash Ghag, Pratham Rajput, Sonu
Chhari and applicant forcefully came informant’s house at Room No.
146, First floor, near Santoshi Mata Mandir, Chembur Camp, Chembur,
Mumbai and broken articles at the house. At that time Aman Shaikh
assaulted informant by fist blow and Aakash Ghag Aman Shaikh,
Mahesh Gade, Pratham Rajput, Sonu Chhari and applicant assaulted
Sahil and Pintu by fist blows. Shiva Gupta assaulted Sahil by knife on
his head. At that time Aakash Ghag strangled the informant to death
with hand and stolen informant’s gold chain.

5.

In view of role assigned to applicant, applicant has only
assaulted by kick and fist blows. Hence there is nothing to be seized at
the instance of applicant. There are no criminal antecedents against
applicant. Hence, in such circumstances, I am of the opinion that,
further detention of applicant is not required.

Applicant may be
released on bail by imposing conditions to secure his presence as well
as by protecting interest of prosecution. Therefore, I pass following
order :ORDER
1.

Criminal Bail Application No.1032 of 2024 is allowed.

2.

Applicant/accused Mr. Sameer Chanchal Kumar Yadav be
released on bail on furnishing P.R. Bond of Rs.25,000/- along
with one or two more sureties in the like amount in connection
with C.R. No.192/2024 registered with Chembur police station.

3.

Applicant/accused shall attend Chembur Police Station, Mumbai,
as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

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BA 1032/24
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.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.
8.

Request of provisional cash surety is allowed for eight weeks.
Bail before learned Court below.

9.

Criminal Bail Application No.1032 of 2024 stands disposed of
accordingly.

Date : 14.05.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.14
15:46:42
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 14.05.2024
HHJ signed on
: 14.05.2024
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BA 1032/24
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SIGNED JUDGMENT/ORDER.”
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