CRI. BA 254/2024
1
ORDER
MHCC020017592024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 254 OF 2024
( CNR NO.: MHCC02-001759-2024 )
Ajay Kailas Dhumal
Age 20 years, Occ: Labourer,
Residing at Rohini Chawl, Sane
Guruji Marg, Bhim Nagar,
Mukundrao Ambedkar Nagar,
Asalpha Village, Barve Nagar,
Ghatkopar (West), Mumbai 400 084
(At present in Judicial Custody
and lodged at Thane Central Prison,
Thane).
V/s.
The State of Maharashtra,
(At the instance of Ghatkopar
Police Station vide C.R.No.576/2023)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate P.B. Patil for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 09.02.2024.

CRI. BA 254/2024
2
ORDER
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. 576 of 2023 (C.C.T.N.S. No.
998 of 2023) dated 12.11.2023 registered with respondent/state for the
offences punishable under Sections 307, 326, 324, 323, 504, 506, 143,
114, 144, 147, 148 of the Indian Penal Code, 1860, under sections 4
and 25 of the Arms Act, 1959 and under section 37(1)(A), 135 of the
Maharashtra Police Act, 1951.
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-4.
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
raised contentions submissions grievance objections coupled with
record availed prima-facie inclined in impugned crime in all Eight
accused are involved. The informant Rahul Rakesh Singh has alleged
that on 12.11.2023 at 12:10 midnight his brother and companions of
him had beaten to the accused no.1 Avinash Rajkumar Gaikwad. Due to
that he was making help to accused Avinash for taking him in hospital
for medical treatment. However, while it he has called his companion,
CRI. BA 254/2024
3
ORDER
the applicant and co-accused and severely assaulted to him by deadly
weapons. It is alleged that at that time the applicant was having the
sharp edged weapon like sword and by which delivered blows on his
head. The co-accused have also assaulted by wooden rod and bamboo
sticks. Therefore, he was seriously got injured. The applicant has denied
the entire allegations and raised plea defence of false implication
without any reason and cause. He also submitted that he is arrested
immediately after raising of impugned crime i.e. on 16.11.2023. The
alleged weapon sword and his apparels are already discovered and
seized. The same is false dubious. The informant has not sustained
serious in natures injury. The co-accused Avinash Gaikwad and a
Juvenile-in-Conflict with law are already enlarged on bail. The
substantial material facts circumstances are already investigated.
Thereby, nothing remained for his custodial detention. Thus considering
the same seeking the liberty.

5.

The respondent/state has strongly opposed to the bail plea
of applicant by raising objection that the applicant is habituated to
commit serious in natures crime. It is alleged against the applicant that
the co-accused has called to him and other companion co-accused and
they came at spot with deadly weapon and raised the attack and
severely get injured to him. The one of the main accused Bhavesh Gade
as well as other unknown co-accused are yet to detected and arrested.
The applicant and his gang are having terror and influence in the said
vicinity of the spot of incident. Against the applicant sufficient evidence
is availed. In such eventualities would not appropriate to enlarge the
applicant on bail. They also raised general objections.

CRI. BA 254/2024
6.

4
ORDER
In above such circumstance cautiously considered the
record material availed and raised submissions contentions objections
by the rival parties coupled with grounds raised by the applicant for
having liberty prima-facie inclined the applicant is arrested immediately
upon raising the said crime. Thereby he is behind the bar for substantial
period. Thereby, certainly the investigation machinery has availed
sufficient considerable time for exhaustive detail minute investigation.
However, charge-sheet is yet to filed. The co-accused Avinash Gaikwad
has also raised counter case against the informant and his companion.
The alleged unknown culprits are yet to clarified and detected. In the
circumstance I felt inevitable time would take by the investigation
machinery for the same. The record also shows substantial material
facts circumstances are already investigated. Even concerned relevant
documents, medical testimonials are already collected. Thereby I felt by
saddling certain conditions would appropriate to have the relief sought
by the applicant. With this pass the following order.
:ORDER:
1.

The present Criminal Bail Application No.254 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant Ajay Kailas Dhumal, age 20 years, residing at
Rohini Chawl, Sane Guruji Marg, Bhim Nagar, Mukundrao Ambedkar
Nagar, Asalpha Village, Barve Nagar, Ghatkopar (West), Mumbai 400
084 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.576 of 2023 (C.C.T.N.S. No.998
CRI. BA 254/2024
5
ORDER
of 2023) registered with Ghatkopar Police Station for the offences
punishable under Sections 307, 326, 324, 323, 504, 506, 143, 114, 144,
147, 148 of the Indian Penal Code, 1860, under sections 4 and 25 of the
Arms Act, 1959 and under section 37(1)(A), 135 of the Maharashtra
Police Act, 1951.
b.

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

The applicant shall record his attendance with respondent/
Ghatkopar Police Station on every Saturday 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 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,
CRI. BA 254/2024
6
ORDER
Investigating Officer/Ghatkopar Police Station by sending copy of this
order.
j.

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

The present Criminal Bail Application No.254 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court.
Sd/-
Dictated on
: 09.02.2024
Directly typed on : 09.02.2024
Date of sign
: 09.02.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 254/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09/02/2024, 5.55 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
09.02.2024
Order signed by P.O. on
09.02.2024
Order uploaded on
09.02.2024