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B.A. 244-24
MHCC020017272024
IN THE COURT OF SESSION FOR GREATER BOMBAY
BAIL APPLICATION No.244 OF 2024
Anshuman Sumer Singh
Age 23 years, Occ : Courier,
R/at : Indra Colony, Gaon Agwari,
Tahsil Aahore, Dist Jalore, Rajasthan
… Applicant
– Versus The State of Maharashtra
(At the instance of Kurla Railway
Police Station vide CR. No.605/2023)
… Respondent
Appearance :Mr. Pramod Kumbhar Advocate for the applicant.
Mr. Iqbal Solkar, APP for respondent.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 12/02/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.605/2023 registered with Kurla Railway Police Station for the
commission of offences punishable u/sec.408,411,414 of the Indian
Penal Code.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
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B.A. 244-24
17.10.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there
is no point in keeping accused behind bars till conclusion of trial. He is
a permanent resident of his given address therefore he prayed for
releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. If accused is released on bail it will affect the collection of
evidence. The investigation is not completed. If the accused is released
on bail there are chances of flee away from justice. If accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that the informant
Rameshbhai Rawal is the Manager of Manoharkumar Pukhraj
Rajpurohit. On 17.04.2023 Manohar Rajpurohit gave 1000 gms gold to
his servant Anshuman Singh (applicant). He was asked to visit Mumbai
but on 18.04.2023 applicant / accused Anshuman Singh did not come
to Mumbai. His phone was switch off. The informant Rameshbhai Rawal
informed this fact to Manohar Rajpurohit therefore, report was lodged
against the applicant / accused Anshuman Singh. During investigation
the applicant / accused was arrested in Mumbai on 17.10.2023. He
informed that he has handed over said gold to the co-accused Dilip
Rawal.

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6.

B.A. 244-24
According to the case of the prosecution the applicant /
accused is the servant of the informant to whom 1000 gms gold was
handed over by the informant. According to the prosecution the
applicant handed over said gold to co-accused Dilip Rawal. The
applicant / accused has been arrested on 17.10.2023. For near about
four months he is behind bars. Part of the recovery is already made.
Charge sheet is filed. Investigation is completed. The prosecution is in
attempt to take custody of Timayya, for which presence of this applicant
/ accused with police or either in jail is not necessary. Further
incarceration of the applicant / accused is not warranted. His presence
can be secured by putting reasonable conditions. Hence, I pass the
following order :
ORDER
1.

Bail Application No.244 of 2023 is allowed.

2.

Applicant / Accused Anshuman Sumer Singh, arrested in
C.R.No.605/2023 under Section 408,411,414 of the Indian Penal Code
registered with Kurla Railway Police station be released on bail on
furnishing P.B. and S.B. of Rs.50,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the court.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.

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B.A. 244-24
Bail before the learned Trial Court.

Date : 12/02/2024
Dictated on
Transcribed on
Signed by HHJ on
: 12/02/2024
: 13/02/2024
: 15/02/2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 244-24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
16/02/2024
1.00 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
SASNE
Court Room No. 30.
Date of Pronouncement of ORDER 12/02/2024
ORDER signed by P.O. on
16/02/2024
ORDER uploaded on
16/02/2024