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B.A.263/24
MHCC020017952024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.263 OF 2024
Ganesh Ramkumar Nagotra
Age 39, Occ : Workder,
Residing at Ekta Chawl, Plot No.138/B,
Room No.K/31, Sankalp Vasahat,
Opp. MHADA Colony, Mankurd,
Shivaji Nagar, Mumbai 400043.

… Applicant
– Versus The State of Maharashtra
(At the instance of Kurla Railway
Police Station vide CR. No.1332/2023
… Respondent
Appearance :Advocate Smita Pawar for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 12/02/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.1332/2023 registered with Kurla Railway Police Station,
Mumbai for the commission of offences punishable u/sec. 379 of the
Indian Penal Code.

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2.

B.A.263/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
08.01.2024. He has undergone custodial interrogation. The applicant /
accused is the only earning member of his family. Therefore, there is no
point in keeping accused behind bars. He is a permanent resident of his
given address therefore applicant / accused 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 accused is
released on bail it will affect on the collection of evidence. If accused is
released on bail there are chances of flee away from justice. If 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 applicants, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that the accused has committed theft of mobile
handset of the informant, when the informant was traveling in railway.
6.

According to the prosecution there is CCTV footage
showing the involvement of the applicant / accused in the crime.
Accordingly, the prosecution has arrested the applicant / accused on
08.01.2024. According to the prosecution the applicant has sold said
mobile handset to Mr. Sameer Pathan. The police are in search of said
Sameer Pathan. According, to the prosecution recovery of said mobile
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B.A.263/24
handset will be from said Sameer Pathan. No recovery from the
applicant / accused appears to be pending. Since 08.01.2024 the
applicant / accused is behind bars. Five cases are pending against him.
The prosecution is not able to show that the applicant / accused has
been convicted in any of the cases. Hence, he can not considered as
habitual offender. If reasonable conditions securing presence of the
applicant / accused are imposed, he will be entitled for the bail. Hence I
pass the following order :
ORDER
1.

Criminal Bail Application No.263 of 2024 is allowed.

2.

The Applicant / Accused Ganesh Ramkumar Nagotra, arrested in
C.R.No.1332/2023 under Section 379 of the Indian Penal Code, 1860
registered with Kurla Railway Police Station, Mumbai be released on
bail on furnishing P.B. and S.B. of Rs.20,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on 1st and 4th Saturday of every month between 11.00 a.m. to
2.00 p.m. till filing of the charge sheet.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.

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6.

B.A.263/24
The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

8.

Criminal Bail Application No.263 of 2024 is disposed of
accordingly.

Date : 12/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 12.02.2024
: 13.02.2024
: 15.02.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.263/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
16/02/2024
1.00 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 12/02/2024
ORDER signed by P.O. on
16/02/2024
ORDER uploaded on
16/02/2024