Mumbai, May 4th, 2022 – The Sessions Court for Greater Bombay has granted bail to Kailash Surajbali Jaiswar, a 53-year-old auto driver, who was arrested for allegedly assaulting a railway official. The court, presided over by Additional Judge G.B. Gurao, allowed the bail application, citing the completion of the major part of the investigation and the accused’s clear antecedents.

Jaiswar was arrested in connection with C.R. No. 125/2022, registered at the R.C.F. Police Station, involving charges under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),¹ 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of² the Indian Penal Code.

According to the prosecution, the complainant, a Senior Section Engineer, alleged that Jaiswar abused, threatened, and slapped him while he was working on changing railway tracks with trackmen.

Jaiswar’s defense, presented by Advocate Kailash Gujral, argued that he was innocent, there was no recovery or discovery at his instance, and he had a clean criminal record. He also stated that Jaiswar was willing to abide by any conditions imposed by the court.

The prosecution, represented by Additional Public Prosecutor Ramesh Siroya, opposed the bail, citing the seriousness of the offense and the complainant being a public servant. They argued that Jaiswar might abscond if released.

Judge Gurao, in his order, considered the first information report and the prosecution’s statement. He noted that Jaiswar was arrested on March 14th, 2022, and that the major part of the investigation had been completed.

“It appears that major part of the investigation is completed. Therefore, custodial interrogation of accused is not necessary. His antecedents are clear,” Judge Gurao stated. “Therefore, accused is entitled for bail.”

Consequently, the court granted bail to Kailash Surajbali Jaiswar, subject to the following conditions:

• Personal Bond (P.R.) and Surety Bond: Jaiswar must execute a P.R. Bond of Rs. 15,000/- with one surety of the same amount.
• No Influence on Witnesses: He must not pressure prosecution witnesses.
• No Offenses While on Bail: He must not commit any offenses while on bail.
• Court Attendance: He must attend court hearings regularly unless exempted.
• Address to Investigating Officer: He must provide his correct address to the investigating officer.
• Provisional Cash Bail: He was granted four weeks to provide provisional cash bail of Rs. 15,000/-.
• Bail Before Metropolitan Magistrate: Bail will be executed before the Metropolitan Magistrate.

The court’s decision emphasizes the consideration of the investigation’s progress and the accused’s criminal history in granting bail. The case will proceed in the Metropolitan Magistrate’s court.