Amod Kanahyalal Pandey Vs State of Maharashtra Bail Application Bombay Sessions Court No 1151 of 2022

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Criminal Bail Application No.1151/2022
CNR NO. MHCC02-006357-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1151 OF 2022
IN
C.R. NO.418 OF 2022
Amod Kanahyalal Pandey,
Aged – 29 years, Occupation – Service
Residing at K.M.C. Park, Galli No.1,
Near Ganpati Mandir, Virar (West),
District – Palghar,
(At present in judicial custody and lodged
at Arthur Road Prison Mumbai
…Applicant
Versus
The State of Maharashtra
At the instance of Vakola Police Station,
in C.R. No.418/2022
Registered Under Sections 354, 354D,
323, 504, 506(2) of Indian Penal Code
…Respondent
Appearances:
Advocate Mr. Deepak Gautam for the applicant/accused.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.

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Criminal Bail Application No.1151/2022
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 27th MAY, 2022.
:ORDER:
This is bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”)
for grant of regular bail in connection with C.R. No.418/2022 for the
offence punishable under Sections 354, 354-D, 323, 504 and 506(2) of
the Indian Penal Code, 1860 (hereinafter referred to as “IPC”)
registered with Vakola Police Station.
2.

Heard argument of learned counsel for accused and learned APP
for the State.
3.

Prosecution has alleged that on 02.05.2022, applicant-accused
came to the house of informant in drunken condition and abused and
beat her. He tried to get intimate with her and therefore, FIR came to be
lodged.
4.

Applicant-accused has contended that he is implicated by some
nearby person intentionally with the help of informant and his minor
daughter. Applicant-accused has further contended that he is having
fixed place of residence and prayed to be released on bail.
5.

Prosecution has filed reply that if accused is released on bail then
he may threaten informant and other witnesses and objected the bail
application.

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6.

Criminal Bail Application No.1151/2022
It appears, as per the allegations of prosecution before the alleged
incident informant and accused became friend through facebook and
they used to talk with each other and meet each other and later alleged
incident has taken place. The allegations are under Sections 354,
506(2) and other sections of IPC. There are no criminal antecedents of
accused brought on record. Considering allegations and contentions of
accused and circumstances, it appears, no purpose is going to be served
by keeping accused behind the bar. Hence, it will be proper to release
him on bail on some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.1151 of 2022 is allowed.

2.

Accused viz. Amod Kanahyalal Pandey be released on bail on his
furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand
only), with one or more surety/sureties in the like amount, in
C.R.No.418/202 for the offence punishable under Sections 354,
504, 506(2), 354(d) and 323 of IPC registered with Vakola Police
Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall co-operate with the investigation of police.
(iv) Accused is directed to attend concerned police station as and
when required by Investigating Officer.
(v) Accused 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 them from disclosing such facts to the court
or any police officer.
(vi) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
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Criminal Bail Application No.1151/2022
the Investigating Officer and in case of change or discontinue
with the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
3.

Criminal Bail Application No.1151 of 2022 stands disposed of
accordingly.

Dt. 27.05.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 27.05.2022
: 27.05.2022
: 27.05.2022
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Criminal Bail Application No.1151/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
30/05/2022 at 11.05 a.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 27/05/2022
Judgment/Order signed by P.O.on
27/05/2022
Judgment/Order uploaded on
30/05/2022
(Court