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Dt. 17.02.2022
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO. 243 OF 2022
(CNR No. MHCC020011772022)
Mr. Darshan Umashankar Varma
)
… Applicant/Accused
)
)
)
… Respondent
Versus
The State of Maharashtra
(Through Chembur Police Station
in CR No. 621 of 2021)
Ld. Adv. Raorane for Applicant/ Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 17.02.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 621 of 2021 registered with Chembur Police Station for the offences
punishable u/s. 353, 354, 509 and 323 of I.P.C.
2.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. He is permanent resident of
Mumbai. He is ready to cooperate in the investigation. So also, there is
no possibility of tampering with the prosecution evidence or threatening
the witnesses.
3.
The Prosecution has raised objection to grant bail by filing
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Say. It is submitted on behalf of the prosecution that the investigation is
completed. However, there is possibility that Accused will cause injury
to First informant, if released on bail.
4.
The Accused obstructed the first informant while she was
discharging official duty. It is alleged that the first informant is API
attached to the Chembur Police Station and was having duty in
Nirbhaya Team. She found the Accused arguing with two persons.
Therefore, the first informant tried to convince the Accused. However,
the Accused started abusing her. At that time, the other members of the
team tried to stop the Accused. Meanwhile, the Accused caught hold the
wrist of first informant and tried to outrage her modesty. So also, he
scuffled with her. Therefore, if the Accused is granted bail, then there
will be every possibility that Accused will tamper with the prosecution
evidence. Therefore, the prosecution strongly objected for release of
Accused on bail. It is further pointed out that the Accused is also facing
trial in CR No. 208 of 2017 registered u/s. 4 and 8 of POCSO Act,
376(2), 363 of I.P.C. and the Accused is not attending the said matter.
Therefore, NBW is issued against the Accused.
5.
After going through the Prosecution case and argument
advanced it appears that on the date of incident the first informant was
on duty and member of Nirbhaya Team. Therefore, when she noticed
Accused arguing with two persons, being on duty Police Officer, she
tried to stop the Accused. However, the Accused not complied the
instructions. He abused the first informant by saying “ Hksapksn] eknjpksn ”
So also, he scuffled with the first informant and caught hold her wrist.
The Accused is having criminal antecedents.
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6.
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The earlier bail application of Accused came to be rejected
as investigation was in progress. However, now the investigation is
completed. The Accused can’t be detained for indefinite period due to
apprehension of prosecution and will amount to pretrial conviction. It
will take time to decide the matter on merit. Hence, I proceed to pass
following Order :
ORDER
1.
The Bail Application No. 243 of 2022 is hereby
allowed.
2.
The Applicant / Accused Darshan Umashankar
Varma be released on bail, in C.R. No. 621 of 2021
registered by Chembur Police Station on furnishing P.R.
Bond of Rs. 30,000/ (Rupees Thirty Thousand only) with
one or more solvent sureties in the like amount.
3.
The Applicant is further directed to visit Chembur
Police Station once in a week, i.e. every Thursday between
4.00 to 6.00 p.m. and to maintain the diary in respect of
the visit till conclusion of trial.
4.
The Applicant shall not leave Maharashtra State
without prior permission of the Court.
5.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and
Election Card, if any.
6.
The Applicant shall not involve in any crime, if
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found, his bail may be cancelled.
7.
The Applicant is further directed not to tamper
with the prosecution evidence or witnesses.
8.
The Applicant shall not directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of the case, so as to dissuade him
from disclosing such facts to the Court or to the Police
Officer.
9.
The Applicant shall regularly attend the case on
each and every date.
10.
The Applicant is further directed not to visit the
place where Prosecution witnesses are residing or to
contact them.
11.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for
cancellation of bail.
12.
The Provisional cash bail is allowed for Eight
weeks.
Date : 17.02.2022.
Dictation Typed on
Checked & Signed on
:
:
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
17.02.2022.
21.02.2022.