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B.A. 614/24
MHCC020040302024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.614 OF 2024
Shubham Keshav Warkad
Age : 19 years, Occ – Student
Residing at Sanguchi Wadi,
Pangara, Pangra,
Nanded, Maharashtra 431714
… Applicant
– Versus –
The State of Maharashtra
(At the instance of C.R.No.20/2024
DCB CID Unit IX (Corresponding
C.R.No.253/2024 Santacurz Police Station)
… Respondent
Appearance :Advocate Ajay Dubey for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 14/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.20/2024 registered with DCB CID Unit-IX, (Corresponding
C.R.No.253/2024 Santacruz Police Station) for the offences punishable
under Sections 506(2), 505(1)(b) of the Indian Penal Code.

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2.

B.A. 614/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
24.02.2024.

He
has
undergone
custodial
interrogation.

The
investigation is completed. There are no criminal antecedents against
the accused. The applicant is a student of Bachelor of Computer
application. He is studying at Pune. If he will be detained then his
carrier will suffer. Therefore, there is no point in keeping accused
behind bars till conclusion of trial. He is permanent resident of his
given address therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect on the collection of evidence. If the
accused is released on bail there are chances of flee from justice. If the
accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

It is the case of the prosecution that the applicant / accused
is user of twitter account. The informant is also the user of twitter
account. The informant came accross with the post of user account
@JRTheJayRawal. Twitter user name @Xavviieerrrrrr has posted one
message related with the Chief Minister. That post was replied by the
user@ShubhamWarkad30, which is alleged to be of the applicant. It
was the post that he will provide gun to the former user but the former
shall first kill the Chief Minister and thereafter his son Shrikant.

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Therefore,
the
report
is
lodged
B.A. 614/24
and
offence
is
registered
u/Sec.506(2),505(1)(b) of the IPC.
6.

The police arrested the applicant who is the user of twitter
account @ShubhamWarkad30 on 24.02.2024. His bail application has
been rejected by the ld Metropolitan Magistrate on 06.03.2024.
Therefore, the applicant has approached to this court for the bail. The
offence is related in respect of the applicant about the post related with
the Chief Minister. The statement appears to be reply in the form of
statement. It is required to be verified whether statement was with the
intention or it was bare statement. The alleged offence against the
applicant is not punishable for imprisonment more than seven years.
Since 24.02.2024 the applicant is behind bars. Nothing is to be
recovered from him. The applicant is of 19 years old. If reasonable
conditions securing presence of accused are imposed, he will be entitled
for the bail. Further, incarceration of the accused is unwarranted. Hence
I am of the view that the applicant / accused is entitled for the bail. In
the result, I pass the following order :
ORDER
1]
Bail Application 614 of 2024 is allowed.

2]
Applicant / Accused Shubham Keshav Warkad, arrested in
C.R.No.20/2024 (Corresponding C.R.No.253/2024 Santacruz Police
Station) under Section 506(2), 505(1)(b) of IPC, registered with DCB
CID Unit IX
be released on bail on furnishing P.B. and S.B. of
Rs.25,000/- with one or two sureties
3]
The applicant / accused shall not tamper with the prosecution
The 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 the facts to Court or any police
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B.A. 614/24
officer.
4]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
5]
The applicant / accused shall attend the concern police station on
1st and 3rd Saturday of every month till filing of the charge sheet.
6]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
7]
The applicant / accused shall not leave India without prior
permission of the Court.
8]
Bail before the concern Magistrate.

Date : 14/03/2024
Dictated on
: 14.03.2024
Transcribed on
: 15.03.2024
Signed by HHJ on : 19.03.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 614/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
19/03/2024
3.49 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 14/03/2024
ORDER signed by P.O. on
19/03/2024
ORDER uploaded on
19/03/2024