BA 659-2024
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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 659 OF 2024
(CNR NO. MHCC02-004287-2024)
Mr. Anand Manohar Kadam
)
… Applicant/Accused
Versus
The State of Maharashtra
)
(Through N.M. Joshi Marg Police Station) )
… Respondent
Ld. Adv. Sharad Raut for the Applicant / Accused.
Ld. APP. Jyotsna Gawli for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 28.03.2024.
ORDER
The applicant / accused has filed Bail application under
Section 439 of Cr.P.C. in Crime No. 83 of 2024 registered with N.M.
Joshi Marg Police Station for the offence punishable under Sections
307, 354 and 504 of the Indian Penal Code.
2.

As per accused, the victim lodged complaint on 27.01.2024
alleging that on 26.01.2024 at around 8.30 pm her son was playing in
the gallery in front of her house. Accused is her neighbour who resides
in front of her room. The daughters of accused were playing Badminton
in the gallery. They sent back the son of victim from there. The victim
went to confront the daughters of the accused, at that time, the accused
started quarreling with her. He charged towards victim and touched her
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breast. He threatened to kill her and with the wooden Badminton bat
assaulted on the head of victim. The victim sustained bleeding injury.
The neighbours intervened. The victim was taken to the Nair Hospital
and after treatment, she filed this complaint.
3.

As per the accused, he is falsely implicated in the offence.

The injury of the victim is self inflicted. The victim was discharged from
the Hospital on the same day and the injury is not grievous in nature.
The offence under Section 307 of IPC is not attracted in this case. The
accused was arrested on 08.01.2024 and since 11.03.2024, he is in
judicial custody. He is not having criminal antecedents and is ready to
abide the terms and conditions of bail, if imposed on him.
4.

The prosecution filed Say at Exh. 02 and resisted the
application contending that the accused and victim are residents of
same floor in same building and in case, the accused is released on bail,
he will tamper the evidence or threaten the witnesses. Hence,
application is sought to be rejected.
5.

Heard learned counsel for the accused and learned APP. for
the State. Perused copy of FIR, Remand applications with orders.
6.

The learned counsel for the accused submitted that
investigation is completed. The accused was arrested after two months
and no recovery or discovery is shown to be made at the hands of this
accused. As per the prosecution, the offence is serious in nature. The
Medical papers of victim reveal that she got stitches on her wound.
Hence, application be rejected.

BA 659-2024
7.

: 3 :
As per the Remand Reports, the Badminton Bat is already
recovered from the spot. The accused is in judicial custody since
11.03.2024 and filing of Charge-sheet will take time.

No purpose
would be served by keeping the accused behind bars as nothing is to be
recovered or discovered at the hands of this accused, for which his
custodial interrogation would be required. Hence, I pass the following
order ORDER
1.

The Bail Application No. 659 of 2024 is hereby
allowed.
2.

The accused Mr. Anand Manohar Kadam in CR
No. 83 of 2024 registered with N.M. Joshi Marg Police
Station, be released on executing PR Bond of Rs. 25,000/(Rupees Twenty Five Thousand) only, with one of more
solvent sureties of like amount.
3.

The accused shall submit the proof of his residence,
Aadhar Card, Election card, if any.
4.

The accused shall not involve in any crime.

5.

The accused shall not tamper with the evidence of
prosecution.
6.

The accused shall not directly or indirectly make any
inducement, threat or promise to informant and any person
acquainted with the facts of this case so as to dissuade
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him / her from disclosing such facts to the Court or to the
police officers.
7.

The accused shall attend the trial on each and every
date.
8.

Breach of any condition will amount to cancellation
of bail forthwith.
9.

The Bail Application No. 659 of 2024 stands disposed
off.
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 28.03.2024.
Dictation Typed on
Checked & Signed on
:
:
28.03.2024.
30.03.2024.

BA 659-2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30.03.2024 at 5.40 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 28.03.2024
JUDGMENT/ORDER signed by P.O. 30.03.2024
on
JUDGMENT/ORDER uploaded on
30.03.2024