MHCC020001482023
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.15 OF 2023
(CRIME NO.599 OF 2022, NEHRU NAGAR POLICE STATION)
CNR No.MHCC02-000148-2023
Arjun Raju Bhopariya,
Indian Inhabitant, Age : 19 years,
Occupation : Salesman,
Residing at : Thakkar Bappa Colony,
Triveni Galli, No.32, Chembur, (East),
Mumbai.

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… Applicant
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… Respondent
Vs.
The State of Maharashtra,
(Through Nehru Nagar police station,
vide C.R. No.599/2022).

Appearances :Mr. Rakesh Raul, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 10th January, 2023.
ORDER
1.

This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.599 of
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BA 15/23
2022 registered at Nehru Nagar police station for the offence
punishable under Sections 397, 394 r/w. 34 of the Indian Penal Code.
2.

It is the case of the prosecution that, the complainant
Sukhlal Thannu Sav is a taxi driver. He gave report that, between the
intervening night of 05/12/2022 and 06/12/2022, at 1.00 a.m., the
applicant and the co-accused stopped his taxi and asked him to take
them to Thakkar Bappa Colony, Kurla (East). Accordingly, the
complainant took the accused through his taxi to Thakkar Bappa
Colony. After reaching there, the taxi charge was of Rs.400/- and the
complainant demanded the same to the accused, on which the accused
first discussed with each other and then started to assault him with
hands and threatened him. One accused took out a knife and
threatened to stab him with it, if he refused to give his belongings and
money. The accused took his mobile phone of MI Company and cash
amount of Rs.1,200/-. Thereafter, they again assaulted him and ran
away.
3.

The say of the Investigating Officer was called. He has
stated that, during investigation of the crime, accused Sanjay Ashok
Ujapuriya, Lekraj Padmaraj Nangalia and Arjun Raju Bhopariya i.e. the
present applicant were arrested and it was revealed that they have
committed the present crime. The knife used in the commission of said
offence is yet to be recovered. The applicant and the co-accused are
habitual offenders. If the applicant is released on bail, then he may
commit similar offence and may not remain present before the
Investigating Officer and the Court. Hence, the application may be
rejected.

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4.

BA 15/23
Heard the parties. Learned counsel for the applicant
submitted that, the applicant is innocent and has not committed any
offence, as alleged. He is falsely implicated in the present crime on the
basis of alleged statements of co-accused recorded during their police
custody. Nothing was recovered from the present applicant. He is ready
to co-operate in the investigation and abide any condition which may
be imposed upon him in the event of his application being allowed.
Hence, he may kindly be released on bail.
5.

Learned A.P.P. vehemently opposed the application and
pointed out that, the applicant and the co-accused have committed
similar offence against another taxi driver. The accused are habitual
offenders, therefore, they may commit similar offence if released on
bail. There is possibility that the applicant may threaten and pressurise
the complainant and witnesses. The test identification parade of the
accused is yet to be conducted and further effective investigation is to
be done. Hence, the application may be rejected.
6.

I have carefully perused the contents of the F.I.R. and
considered the submissions of both the parties. There are serious
allegations against the applicant and the co-accused. They have
allegedly committed similar offence against another taxi driver. The test
identification parade of the applicant and the co-accused is yet to be
conducted and further effective investigation is to be made. There is
possibility that the applicant may flee away from justice, if released on
bail. The police have alleged criminal antecedents of the applicant.
Therefore, considering the seriousness of the accusations and pending
investigation, I am not inclined to allow the present application till
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BA 15/23
filing of the charge-sheet. Consequently, I proceed to pass the following
order :ORDER
Bail Application No.15 of 2023 is hereby rejected and disposed off.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date:
2023.01.12
13:16:42 +0530
Date : 10/01/2023.
Dictated on
Transcribed on
Signed on
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

: 10/01/2023.
: 11/01/2023.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
12/01/2023 at 1.20 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 10/01/2023.

JUDGMENT/ORDER signed by
P.O. on
12/01/2023.

JUDGMENT/ORDER uploaded on
12/01/2023.