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B.A. 840/24
MHCC020053422024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.840 OF 2024
Deelip Radheshyam Agrahari
Age 29 years, Occ – Service,
Residing at D/6, Room No.503,
New RNA Park, Mahul Road,
Vasi Naka Chembur, Mumbai 400 074.

….Applicant
– Versus The State of Maharashtra
(At the instance of Wadala Railway
Police Station, vide C.R.No.267/2024
.… Respondent
Appearance :Adv. Saurabh Gaikwad for the Applicant/accused.
APP B.G. Rajput for the State.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 10/04/2024
ORDER
This is an application filed by the accused u/sec.439 of The
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.267/2024 registered with Wadala Railway Police Station, for the
commission of offences punishable u/sec. 379 of The Indian Penal
Code.

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2.

B.A. 840/24
It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 14.03.2024. The applicant / accused submits that he has
undergone custodial interrogation. The investigation is completed. The
applicant is the sole earning member in the family. There is no point in
keeping the accused behind bars till conclusion of trial. There is no
criminal antecedents against the accused. He is the 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. It is the contention of the prosecution that if the accused is
released on bail there are chances that he may flee away from justice. If
the accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of 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, ld. APP for the respondent / State.
5.

I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that on 14.03.2024 when the
informant Sajida Abdul Shaikh was travelling in a local train, unkown
person snatched her mobile handset and committed theft of the same.
The report was lodged and offence is registered u/Section 379 of the
IPC.
6.

During the course of investigation police arrested the
accused. On his personal search police found that he was possessing the
said mobile handset of the informant. The accused was arrested on
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B.A. 840/24
14.03.2024. His bail application has been rejected by the ld
Metropolitan Magistrate holding that the accused is habitual offender.
The prosecution has relied upon the contentions regarding antecedents
of the accused. It is the contention of the prosecution that the accused
has been convicted in the similar case of Kurla Railway Police Station in
C.R.No.1752/2017 u/Section 379 of the IPC. Therefore, the applicant
appears to be habitual offender. He has been previously convicted for
the same offence. The facts in the offence shows that the stolen mobile
handset was found in his possession therefore, prima facie it linked the
accused with the offence. Moreover the facts show that the accused is
habitual offender. If he is released on bail he will commit same type of
offence again. He will tamper with the prosecution evidence. There are
chances that he will flee away from the justice. The applicant / accused
has criminal antecedents. Hence, in my view he is not entitled to be
released on bail. In the result, I pass the following order :
ORDER
Criminal Bail Application No.840 of 2024 is rejected and disposed off
accordingly.
Date : 10/04/2024
Dictated on
: 10.04.2024
Transcribed on
: 12.04.2024
Signed by HHJ on : 18.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 840/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
18/04/2024
3.20 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 10/04/2024
ORDER signed by P.O. on
18/04/2024
ORDER uploaded on
18/04/2024