B.A. 807/2022
..1..
Order
MHCC020045492022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 807 OF 2022
( CNR NO.: MHCC020045492022 )
Anil Kumar @ Manoj Kumar.
Mishrilal Rajbhar, aged 38 years,
Occ.: Farmer, residing at Bodari,
Kerakat, Jaunpur, Utter Pradesh.
…Applicant/Accused.
V/s.
The State of Maharashtra.
(At the instance of Chunabhatti P.Stn.
Vide C.R. No.89/2021)
…Respondents/State.
Appearance:
Mr. Shahid Iqbal Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 26/04/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail
by applicant/accused Anil Kumar @ Manoj Kumar in crime No.89/2021
under section 380 and 454 of IPC registered at police station
Chunabhatti, Mumbai.
2.
Mr. Shahid Iqbal advocate for accused has submitted that accused
B.A. 807/2022
..2..
Order
is innocent and he has not committed any crime. The stolen property is
already seized from the accused.
Major part of the investigation is
completed. Now custodial interrogation of accused is not necessary.
The accused is ready to abide by the conditions imposed by the Court.
He prayed to release the accused on bail.
3.
Mr. Siroya ld. A.P.P. for the State has submitted that offence is
serious.
Accused is habitual offender and if he is released on bail, he
will abscond. He prayed to reject the application.
4.
I have perused the FIR.
It is alleged that on 19.03.2021
complainant along with his wife had gone to his native place Alibaug.
His neighbor Palak Vyas informed him that the latch of his house was
broken. It was noticed that there was theft of gold, silver ornaments
and cash amount. It is also revealed that theft was committed in the
house of Palak Vyas also. Therefore, FIR is registered in the police
station.
5.
During investigation police arrested accused. It was alleged that
gold ornaments weighing 807 gms, cash amount of Rs. 43,000/ and
silver ornaments were stolen. In the investigation police seized gold
lagad weighing 700 gms from the accused. It also appears that in all
total 9 offences are registered against the accused in various police
station in Mumbai. Thus, modusoperandi of the accused is to make
house trespass and commit the theft. Therefore, considering the facts
and circumstances of the case, if the accused is released on bail, there is
every possibility that he will committ similar type of offences. So he is
not entitled for the bail. Therefore, following order is passed:
B.A. 807/2022
..3..
Order
ORDER
Bail Application No.807/2022 is hereby rejected and disposed of
accordingly.
GIRISH
BALKRISHNA
GURAO
Digitally signed
by GIRISH
BALKRISHNA
GURAO
Date: 2022.05.11
12:42:40 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 25.04.2022
Transcribed on : 26.04.2022
Date of sign
:
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
29.04.2022.
UPLOAD DATE AND TIME
Name of the Judge (with Court Room
No.)
Mrs. P.R.Wagh
NAME OF STENOGRAPHER
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
25.04.2022.
Order signed by P.O. on
29.04.2022
order uploaded on
29.04.2022