CRI. BA 402/2024
1
ORDER
MHCC020027642024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 402 OF 2024
( CNR NO.:MHCC02-002764-2024 )
SUJAL MAHENDRA YADAV
Age: 18 years, Occ- Nil
Residing At:- Ambedkar Nagar-2,
Near Shivshakti Seva Mandal,
Bhandup (East)
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.28/2024)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate Prashant Patond for the applicant/accused.
Ld. S. P.P. S.V. Kekanis for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 26.02.2024.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 28 of 2024 dated 14.01.2024
CRI. BA 402/2024
2
ORDER
registered with respondent/state for the offences punishable under
Sections 307 and 326 r/w. 34 of the Indian Penal Code.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their rival,
submissions contentions and record availed prima-facie inclined in
impugned crime the applicant and co-accused Jaywant Ghadge are
involved. Against them the informant Manish Ramdas Dabhade has
raised the allegations that he was acquainted with the sister of coaccused in February, 2020. Thereupon love relations arose between
them. Since 14.01.2024 in between them dispute quarrel on account of
giving money started to arise. Therefore, he has assaulted to her.
Thereafter, when he was going at the place of his job, while it near the
National High School, Bhattipada Cross Road, Bhandup, Mumbai, the
brother of said Swati i.e. applicant and co-accused Jaywant Ghadge had
come by the scooty vehicle thereat and suddenly the co-accused has
raised the blows of deadly weapon knife on the back of his head, hands
and stomach and then both fled. Thus, raised the impugned crime.

CRI. BA 402/2024
5.

3
ORDER
The applicant has denied the entire plea grievance
allegations raised against him by informant. He submitted that the FIR
is just raised against co-accused Jaywant Ghadge and other unknown
person. Even in FIR substantial allegations raised against co-accused. He
was not participated in alleged crime by any manner. Even no any
weapon was availed with him and used by him. The alleged involved
weapon is already discovered recovered and seized at the instance of
co-accused. He is arrested on 16.01.2024. Nothing seized while his
interrogation. Against him merely raised the allegations in regard to his
involvement participation in alleged crime. Therefore, his further
custodial detention is not necessary for any purpose.
6.

The respondent/state has vehemently opposed to the bail
plea of applicant principally on the ground that he was accompanied
with co-accused at the time of commission of impugned crime. In that
regard considerable strong evidence of CCTV Footage is availed. The
investigation is yet to completed. Though co-accused is arrested and
alleged involved weapon is discovered seized. However, against the
applicant sufficient evidence is availed. Thereby he doesn’t deserve for
the relief sought. They also raised general objections.
7.

In the above circumstance cautiously considered the entire
availed record material raised submissions contentions objections
prima-facie would incline in impugned crime the applicant and coaccused alone are involved. Against them alleged that they have raised
the attack on informant by deadly weapon and caused serious in
natures injury. However, in that regard considering the medical
testimonial would reveal the informant has sustained caused simple in
CRI. BA 402/2024
4
ORDER
natures injury. The record reveals substantial relevant material
allegations in regard to raising attack by knife are just raised against coaccused Jaywant Ghadge. Against the applicant alleged that he was
accompanied with accused at the time of alleged incident and after
occurrence of incident he fled by scooty vehicle alongwith co-accused.
Except that nothing serious raised against him. The alleged weapon
knife is discovered seized at the instance of co-accused. Allegedly CCTV
footage recording is already collected and seized. Though charge-sheet
is yet to be filed. However, the same cannot be a material ground for
declining the relief sought by the applicant. Moreover, I felt in view of
levelled allegations seriousness gravity of crime and requirement of
presence of applicant for trial would appropriate by saddling certain
conditions to have the relief sought. With this passed the following
order.
:ORDER:
1.

The present Criminal Bail Application No. 402 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant SUJAL MAHENDRA YADAV, age 18 years, residing
at Ambedkar Nagar-2, Near Shivshakti Seva Mandal, Bhandup (East)
be released on executing a P.R. Bond of Rs. 1,00,000/- (Rupees One
Lakh Only) and furnish one or two solvent sureties in the like amount in
connection with the crime vide C.R. No.28 of 2024 registered with
Bhandup Police Station for the offences punishable under Sections 307
and 326 r/w. 34 of the Indian Penal Code, 1860.

CRI. BA 402/2024
b.

5
ORDER
The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall record his attendance with respondent/
Bhandup Police Station on every Friday of every week between 11:00
a.m. to 05:00 p.m. until submission of charge-sheet.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

f.

The applicant shall not leave India without prior permission of
Ld. Trial/Committal Court..
g.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The
applicant
to
make
surety
compliance
before
Ld.

Trial/Committal Court.
i.

Accordingly,
inform
to
the
Ld.

Trial/Committal
Court,
Investigating Officer/Bhandup Police Station by sending copy of this
order.
j.

The respondent/Bhandup Police Station to take note of this order.

CRI. BA 402/2024
k.

6
ORDER
The present Criminal Bail Application No. 402 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
Sd/(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
: 26.02.2024
Directly typed on : 26.02.2024 and 27.02.2024
Date of sign
: 28.02.2024
CRI. BA 402/2024
7
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28/02/2024, 3.03 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
26.02.2024
Order signed by P.O. on
28.02.2024
Order uploaded on
28.02.2024