Mumbai, February 12, 2024 – Ganesh Ramkumar Nagotra, a 39-year-old worker, has been granted bail by the Sessions Court for Greater Mumbai in connection with the theft of a mobile phone on a local train. The order, issued by Additional Sessions Judge Rajesh A. Sasne in Court Room No. 30, comes in response to Criminal Bail Application No. 263 of 2024.

Nagotra was arrested on January 8, 2024, in connection with Crime No. 1332/2023, registered at Kurla Railway Police Station, for an offense punishable under Section 379 (theft) of the Indian Penal Code. The prosecution alleged that Nagotra stole the mobile handset of the complainant while they were traveling on a train.

In his bail application, Nagotra, represented by Advocate Smita Pawar, claimed he was innocent and falsely implicated. He argued that he had undergone custodial interrogation, was the sole breadwinner of his family, and was a permanent resident of his given address, thus posing no flight risk.

The prosecution, represented by APP Iqbal Solkar, opposed the application, arguing that Nagotra’s release would hinder evidence collection, create a risk of him fleeing justice, and potentially lead to witness intimidation and evidence tampering.

Judge Sasne, after reviewing the case documents and hearing arguments from both sides, acknowledged the prosecution’s claim of CCTV footage showing Nagotra’s involvement. The prosecution also stated that Nagotra had allegedly sold the stolen mobile to a person named Sameer Pathan, who was currently being sought by the police. Notably, no recovery of the stolen mobile was made from Nagotra himself.

Despite the prosecution highlighting that Nagotra had five pending cases against him, Judge Sasne pointed out that the prosecution failed to provide evidence of any convictions. Therefore, Nagotra could not be considered a habitual offender.

“The prosecution is not able to show that the applicant / accused has been convicted in any of the cases. Hence, he cannot be considered as a habitual offender,” Judge Sasne stated in his order.

Considering that no recovery was pending from Nagotra and that his presence could be secured through reasonable conditions, the court granted him bail under the following conditions:

• He must furnish a Personal Bond (P.B.) and Surety Bond (S.B.) of ₹20,000 with one or two sureties.
• He is prohibited from tampering with prosecution witnesses and evidence.
• He must regularly attend the Kurla Railway Police Station on the 1st and 4th Saturday of every month between 11:00 a.m. and 2:00 p.m. until the charge sheet is filed.
• Provisional cash bail of the like amount is allowed, with the condition that he furnishes surety within four weeks from the date of release, failing which the cash bail will be forfeited.
• He is prohibited from leaving India without prior court permission.
• The bail is to be executed before the concerned Magistrate.

The decision to grant bail reflects the court’s balancing act between the presumption of innocence and the need to ensure the accused’s presence during the trial. It also highlights the court’s consideration of the specific circumstances of the case, including the lack of recovery from the accused and the absence of any convictions in his prior cases.