CRI. BA 889/2024
1
ORDER
MHCC020056652024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 889 OF 2024
( CNR NO.: MHCC02-005665-2024 )
1. Smt. DIVYA KAILASH SINGH
Age about 33 years,
Residing at:- Room No. 101, Building No.06,
N. G. Regency, Balkumbh, Thane (W)
2. Smt. PAYAL HEMANT SHAH
Age about 32 years,
Residing at:- Room No.101, Building No.06]
N. G. Regency, Balkumbh, Thane (W)
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.187/2024)
…Respondent/State.

Appearance:Ld. Advocate Aniket Yadav for the applicants/accused.
Ld. S. P.P. S.V. Kekanis for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 30.04.2024.

CRI. BA 889/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No.187 of 2024 dated 25.03.2024
registered with respondent/state for the offences punishable under
Sections 306, 370, 34 of the Indian Penal Code.
2.

The respondent/state has strongly opposed to the bail plea
of the applicants on various grounds by filing their written
say/submission at Exh –3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicants.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicants and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed it inclined in
impugned crime four female accused are involved. They all are arrested.
Initially the impugned crime was raised against the co-accused Khushbu
Gupta. However, while investigation the attributed role participation
involvement of the applicants transpired as in their custody the
kidnapped female child victim of five years old found. Against the
accused raised the allegations grievance that on 24.03.2024 at 09:00
p.m. the kidnapped minor female child was went to involve in Holi
festival. At that time the accused Khushi Gupta took her without
consent of her parents by autorickshaw at her home. The said fact was
CRI. BA 889/2024
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ORDER
noticed by eye-witness namely Salim. Thereon, while inquired with the
said incident the involvement of accused Khushbu transpired. She
clarified that custody of kidnapped minor child handed over to the
applicants in lieu of same for having consideration Rs.1,00,000/- from
them. The applicants arrested on 25.03.2024. From their custody
mobile handsets are recovered and seized. The applicants have denied
the entire allegations and raised the plea of false implication at the
instance of co-accused Khushbu.
5.

The respondent/state has strongly opposed to the bail plea
of applicants by raising objections that in view of raised allegations
grievance against the applicants and their companion co-accused would
reveal their must syndicate/gang by whom kidnapped the minor childs
and their alienation in lieu of huge consideration amount. Till now
material considerable facts circumstances are yet to detected and
transpired. The charge-sheet is also not submitted.
6.

Thus, considering the same prima-facie inclined against the
applicants raised the allegations that they have unlawfully took the
custody of female child of five years old from co-accused Khushbu
Gupta. It is alleged that at the instance of applicants the co-accused
Khushbu Gupta has kidnapped to the female child victim due to
assurance given by them to pay Rs.1,00,000/- to her for having a minor
female child. At the instance of co-accused Khushbu role participation
involvement of applicants transpired. Against the applicants certainly
serious in natures allegations have been raised. Moreover, in regard to
their participation involvement considerable material is availed. The
statement of victim minor female child clarifying the same. The material
CRI. BA 889/2024
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ORDER
relevant facts circumstances are yet to clarified, detected and
investigated. In the circumstances considering the seriousness gravity of
crime levelled serious allegations and requirement of exhaustive detail
investigation doesn’t incline justified substance force in the grounds
raised by the applicants. Hence, the present application devoids of merit
and deserves to be declined. With this passed the following order.
:ORDER:
The present Criminal Bail Application No. 889 of 2024 is hereby
rejected and disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
: 30.04.2024
Directly typed on : 30.04.2024
Date of sign
: 02.05.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.03
12:33:41
+0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 889/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03/05/2024, 12.33 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
30.04.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
03.05.2024