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B.A. 843/24
MHCC020054052024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No. 843 OF 2024
Harish Kumar J.
Jayaramaiah N K,
House No.81, Busweshwara Nagar,
3rd Main, 2nd Cross Tumkur Road,
Tidsarahalli, Banglore,
Karnataka 57
… Applicant / Accused No.3
– Versus The State of Maharashtra
(At the instance of DCB CID Unit XII
vide C.R.No.68/2023)
(Corresponding C.R.No.787/2023,
Dindoshi Police Station)
… Respondent
Appearance :Advocate Falake / Adv Sarfare and Adv Kusalkar for the applicant.
Mr. Iqbal Solkar, A.P.P. for the respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 08/04/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.68/2023 registered with DCB CID Unit XII (corresponding C.R.
No.787/2023, Dindoshi Police Station) for the offences punishable
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B.A. 843/24
u/sec. 420, 465, 467, 468, 471, 34 of the Indian Penal Code.
2.

It is the contention of the applicant / accused that the
applicant is falsely implicated in the present case. He is arrested on
03.11.2023. Co-accused are already released on bail
and therefore
applicant prayed for bail on the ground of parity. There is no role
attributed to the present applicant. Nothing is to be seized or recovered
from his possession. Investigation is almost over. Therefore, there is no
point in keeping accused behind the bar. He is 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. The contention of the prosecution is that if the accused is
released on bail it will affect the collection of evidence. The
investigation is not completed. If accused is released on bail there is
possibility of tampering of prosecution evidence. There is possibility of
repetition of same crime at the hands of the accused. The investigation
is in progress and there is possibility of flee from the justice. Hence, the
prosecution prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard ld.

Advocate for the applicant and Ld. APP for the State / Respondent.
5.

I have also gone through the application, reply, documents
filed on record. It is the case of the prosecution that the accused cheated
the informant by showing forged release order of RBI and forged test
reports of BARC. It is the contention of the respondent that the accused
have also prepared forged documents of DRDO. They have taken
amount from the witnesses on the basis of forged documents. According
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B.A. 843/24
to the prosecution the applicant is the main accused, he was found
possessing fabricated release order of RBI and fabricated test report of
Bhabha Automic Research Center. Accordingly report is lodged and
offence is registered.

The present applicant has been arrested on
03/11/2023.
6.

From the record it appears that the role attributed to the
present applicant is that in the investigation police found the applicant
is possessing release order of RBI and test report of Bhabha Automic
Research Center. The investigation in the offence is already completed.
Charge sheet is already filed. Trial will take it’s own course and time to
conclude. The applicant has been arrested on 03/11/2023. Since more
than four months he is behind the bars. Further incarceration of the
applicant is not warranted. If reasonable conditions are imposed, he
will be entitled for the bail. Hence, I pass the following order:-
ORDER
1]
Bail Application No.843 of 2024 is allowed.

2]
Applicant / Accused Harish Kumar J. arrested in CR.No.68/2023
registered with DCB CID, Unit XII (Corresponding C.R. No.787/2023,
Dindoshi Police Station) for the commission of offences punishable
under Section 420, 465, 467, 468, 471, 34 of the Indian Penal Code be
released on bail on furnishing P.B. and S.B. of 30,000/- 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 attend every date of the case till
conclusion of trial unless exempted specifically.

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5]
B.A. 843/24
The applicant / accused shall not leave India without prior
permission of the Court.
6]
Bail before the learned Trial Court.

Date : 08/04/2024
Dictated on
: 08.04.2024
Transcribed on
: 10.04.2024
Signed by HHJ on : 18.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 843/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
18/04/2024
3.19 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 08/04/2024
ORDER signed by P.O. on
18/04/2024
ORDER uploaded on
18/04/2024