B.A.222/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 222 OF 2022
( CNR NO.: MHCC02­001121­2022 )
Chandan Kumar Deviprasad Tiwari
Age: 30 years,
R/o: Gautam Nagar, Mhada Colony,
Bldg No.29/B, Room No.509,
Govandi, Mumbai­400043.

…Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of Tilak Nagar P.Stn.
Vide C.R. No. 20/2022)
…Respondents/State.

Appearance:­
Mr. Gaurav Pandey 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 : 11/02/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Chandan Kumar Deviprasad Tiwari
in crime
No.20/2022 under section 188,272,273,328 of IPC and section 26(2)(i).
26(2)(iv), 27(2)(e), 30(2) (a) r/w section 59 of the Food Safety
Standard Act, 2006 registered at police station Tilak Nagar, Mumbai.
Facts in brief are as under :­
2.

Applicant/accused runs shop by name “Tiwari Panbedi Shop” at
Pestan Sagar road no.2, near Sahakar signal, Chembur, (W), Mumbai.
It is alleged that on 20/1/2022 at about 16.30 hours accused was found
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in possession of banned Gutka and scented tobacco. Accordingly, PN­
Patil lodged report against the accused. On the report, crime is
registered and same is under investigation.
3.

Mr. Gaurav Pandey Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime.
Recovery is already made from the accused. Therefore, his custodial
interrogation is not necessary. He is ready to abide by the conditions, if
any imposed by the Court.

Hence, he prayed to release the
applicant/accused on bail.
4.

Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious. He prayed to reject the application.
5.

Perused the FIR and say of prosecution. It is alleged that accused
was found in possession of banned Gutka and scented tobacco.
However, recovery is already made. Now there is no necessity of the
custodial interrogation of the accused. His antecedents are clear and he
undertakes to abide by the conditions if any imposed by the Court.
Therefore, considering the stage of investigation and facts and
circumstances of the case, I find that accused is entitled for bail.
Therefore, following order.
ORDER
1.

Bail Application No. 222/2022 is hereby allowed.

2.

Applicant/accused namely Chandan Kumar
Deviprasad Tiwari be released on execution of P.R
Bond of Rs. 15,000/­ (Fifteen Thousand only) with
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one surety in like amount in C.R. No. 20/2022,
u/sec. 188,272,273,328 of IPC and section 26(2)(i).
26(2) (iv), 27(2)(e), 30(2) (a) r/w section 59 of the
Food Safety Standard Act, 2006 registered at Police
Station Tilak Nagar on the conditions that :­
a)
He shall attend concerned police station as and
when reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution
witnesses in any manner.
c)
He shall not commit any offence while on bail.

d)
He shall furnish his correct address to the
investigating officer.
3.

He be released on provisional cash bail of
Rs.15,000/­. Duration of provisional cash bail shall
be for four weeks.

4.

Bail before Ld. Magistrate.

5.

Bail Application No.222/2022 is disposed of
accordingly.

Dictated on
Transcribed on
Date of sign
: 11 & 18.02.2022.
: 18.02.2022.
: 18.02.2022.

Digitally signed
by GIRISH
BALKRISHNA
GIRISH
GURAO
BALKRISHNA
Date:
GURAO
2022.02.18
14:53:02
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.

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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
18.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
11.02.2022.

Order signed by P.O. on
18.02.2022.

order uploaded on
18.02.2022.