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Cri BA No.863-2024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.863 OF 2024
CNR No.:-MHCC02-005490-2024
Dharmendra Jagdambaprasad Jaiswar,
Age: 34 Years, Occ: Labour.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Dadar Police Station Vide FIR ]
No.54 of 2015)
] …Respondent.
Advocate Prachita Vare for applicant.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
04th APRIL, 2024.
ORDER
The accused who is arrested in connection with FIR No.54
of 2015 registered with Dadar Police Station for offence under sections
328, 324 r/w. 34 of the Indian Penal Code, has filed the present
application for regular bail under section 439 of the Code of Criminal
Procedure, 1973.
2.

As per the case of prosecution, the incident occurred in the
intervening night of 25.01.2015 and 26.01.2015. It is alleged that first
informant Pradeep Vilas Waghchoure was administered stupefying
substance (tablet) by the accused persons, he was made to drink liquor
and thereafter, he was beaten when he was not in his senses. Therefore,
he filed complaint dated 16.02.2015 and on the basis of which FIR
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Cri BA No.863-2024
No.54 of 2015 came to be registered on 16.02.2015 at Dadar Police
Station.
3.
Exh.2.

Read application and reply filed by the prosecution at
Heard learned Advocate for the applicant and learned APP.

Advocate for the applicant argued that incident occurred on
25.01.2015, the FIR is registered on 16.02.2015 and the applicant is
arrested on 22.03.2024.. The allegation of administering tablet is not
against the applicant but against co-accused Salman. By referring to the
contents of FIR, she submitted that infact the same tablet was
administered to the applicant as well and he had also consumed the
liquor alongwith the first informant and therefore, he was also in
inebriated condition with the first informant. There are no allegations
of commission of any offence against the applicant. Police had filed Asummary in the year 2016 and the Court had granted the same.
However, in the year 2024, the applicant is arrested. Therefore, she
urged that the applicant be admitted to bail.
4.

On the other hand, learned APP submitted that applicant
was absconding since registration of crime therefore, A-summary was
filed. He was arrested after much efforts, on the lead received by police
and therefore, he may abscond if he is granted bail.
5.

I have carefully considered submissions of both the sides.

Perused the FIR and documents annexed with the application.

On
scrutiny of contents of FIR, it can be gathered that applicant alongwith
co-accused Salman was the friend of first informant.

Co-accused
Salman gave one tablet to the first informant. Similar tablet was also
given to the applicant and both had consumed the said tablet.

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Cri BA No.863-2024
Thereafter, the first informant and applicant had consumed liquor
before the first informant lost his senses. He regained consciousness at
about 4.00 p.m. on 25.01.2015 and thereafter, he came to know about
injuries on his person.
6.

The FIR discloses that the allegation of commission of
offence under sections 328 and 324 of the Indian Penal Code is not
against the applicant. The applicant has not played any role in the
commission of offence under section 328 of the Indian Penal Code.
Therefore, the said offence is prima facie not attracted against him.
Though it is submitted by prosecution that applicant was absconding
since registration of crime, that can not be a ground to reject bail when
facts do not attract the offence under section 328 of the Indian Penal
Code against the applicant and he may be admitted to bail on
appropriate conditions. Thus, I pass following order:ORDER
1.

Criminal Bail Application No.863 of 2024 is allowed.

2.

The applicant Dharmendra Jagdambaprasad Jaiswar, who is
accused in FIR No.54 of 2015 registered with Dadar Police Station for
offence under sections 328, 324 r/w. 34 of the Indian Penal Code, be
released on his executing PR Bond of Rs.15,000 /- (Rupees Fifteen
Thousand Only) and on furnishing surety in the like sum on following
conditions:(a)
The applicant shall attend Dadar police station on
every Monday in between 10.00 a.m. to 2.00 p.m. for next
three months or till filing of charge-sheet, whichever is earlier.
(b)
The applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
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Cri BA No.863-2024
the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer.
(c)
The applicant shall not tamper with evidence of the
prosecution.
(d)
The applicant shall not commit similar offence while
on bail.
(e)
The applicant shall not try to contact the informant
personally or through anybody till conclusion of trial.
(f)
The applicant shall submit documents regarding his
permanent address and contact details to the concerned
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(g)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.
4.

Provisional cash bail of Rs.15,000/- allowed for the period of 6
weeks.
5.

Criminal Bail Application No.863 of 2024 is disposed off
accordingly.

Date : 04/04/2024
Order Dictated on: 04/04/2024
Transcribed on : 04/04/2024
Checked on
: 05/04/2024
Signed on
: 05/04/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Cri BA No.863-2024
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Name of the Judge (With Court SHRI. S.B. PAWAR (CR 58)
Room No.)
THE ADDL. SESSIONS JUDGE
Date
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Pronouncement
JUDGEMENT /ORDER
of 04.04.2024
JUDGEMENT /ORDER signed by 05.04.2024
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