CRI. BA 321/2024
1
ORDER
MHCC020023262024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 321 OF 2024
( CNR NO.: MHCC02-002326-2024 )
HITESH @SHUBHAM CHANDRAKANT
KHARAT
Aged:- about 24 years, Occ.:- Free Lancing
Residing at:Near Anandvan Buddha Vihar,
Kedar Galli No.2, Vasantrao Naik Marg.
Ghatkopar East, Mumbai-400 077
V/s.
The State of Maharashtra,
(At the instance of Sr. Inspector
of Police Pantnagar Police Station
vide C.R.No.60/2024)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate Shivaji Farakate for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
Ld. Adv. Neelam Chheda h/f. Ld. Adv. Deepak Paikrao for the
intervener/informant.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 15.02.2024.

CRI. BA 321/2024
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. 60 of 2024 dated 30.01.2024
registered with respondent/state for the offences punishable under
Section 306 of the Indian Penal Code.
2.

The respondent/state and informant/first intervenor have
strongly opposed to the bail plea of the applicant on various grounds by
filing their written say/submission at Exh-3 and Exh-6 respectively.
3.

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

Having heard to the rival parties and considered their
raised submissions contentions objections whereby prima-facie inclined
in impugned crime the applicant alone is involved. He is arrested on
31.01.2024. It is alleged against him by the informant-mother of victim
that her minor daughter of 17 years old was studying in 11 th Standard
of Commerce faculty. At the time of procession of Dr. Babasaheb
Ambedkar dated 14.04.2023 at about 08:00 p.m. to 9:00 p.m., the
applicant who is 26 years old loudly abusing in filthy language to her.
Due to that her daughter victim was afraid. In that regard though they
inquired with her. However, she does not give any clarification.

CRI. BA 321/2024
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ORDER
However, later on they learnt the applicant has forcibly attempting to
create exparte love relations with her, without her desire. On
15.01.2024 the informant and her husband had been to the Rajawadi
Hospital. While it her victim daughter was alone at home. At that time
also she was afraid. The informant had found Blue-Tooth of applicant in
their home. Thereafter, her husband had went out from the home.
Thereon, he observed to the applicant near at their building. Further on
22.01.2024 the applicant again had seen to them near at the lift of their
building. On 23.01.2024 they have learnt from their victim daughter
that the applicant was asking to her where about the sum received to
them from selling their home and he committed cheating with her. On
23.01.2024 her husband had learnt from the security guard of building
that their daughter victim fell from 15th floor and died on the spot.
Thereon, the impugned crime raised on 30.01.2024 by raising
allegations that their daughter victim was fed up due to harassment
pressure annoyance trouble causing from the applicant. She has
committed suicide.
5.

The applicant has denied the entire allegations grievance
against him and raised the plea of false implication. He vehemently
submitted that there is huge delay in lodging the police report. Though
the victim was minor, however, prior to impugned FIR no any complaint
grievance report raised by informant, or victim or any else with any
authority. There is no any direct indirect evidence against him availed in
regard to consider appreciate grievance about the alleged fed up of
victim to commit suicide. Absolutely there is nothing availed to the I.O.
in regard to material essential requirement of abetment from him to the
victim. In view of levelled allegations certainly would incline the
CRI. BA 321/2024
4
ORDER
concern relevant facts circumstances are investigated. The investigation
machinery has merely seized mobile handsets of victim and applicant.
Wherein nothing objectionable availed to them. The material
allegations raised against him that he was committing cheating with her
by showing love with her, but, he was gossiping with other girls. By it
prima-facie could not presume about causing harassment harshness to
the victim by which she could fed up to commit the suicide. He is
immediately arrested after raising of impugned crime. Therefore, he
deserve to have the liberty.
6.

The respondent/state and intervenor/first informant have
strongly opposed to the bail plea of applicant principally on the ground
that he is involved in serious in natures crime. The statement of
material witnesses who are friends of victim are yet to recorded. The
applicant is not having permanent residence. The investigation is at
nascent stage. Further the intervener has raised the objection that the
relatives of applicant are threatening to them for withdrawing the
raised complaint/FIR. The victim was 17 years old minor at the time of
said suicidal incident. Due to pressure, threatening, abusing, cheating
deceiving for love relations by the applicant to her the impugned
suicidal incident occurred for which the applicant alone is responsible.
Considering the conduct of relatives of applicant and requirement of
further necessary detail exhaustive investigation, his custodial detention
is necessary and essential. They both have raised general objections
also.
7.

In above such circumstance cautiously considered the
availed material raised submissions contentions objections it inclined
CRI. BA 321/2024
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ORDER
allegedly there was love relations between victim and applicant.
Allegedly the presence of applicant was noted by the informant and her
husband at certain times near at their home and building. Even the
Blue-Tooth of applicant was also found with the victim. The material
fact that on 23.01.2024 the victim has committed suicide by jumping
from the 15th floor and died. The investigation machinery has just
collected and seized the mobile handset of victim and applicant. Except
that nothing recovered discovered seized by them. With regard to the
impugned incident dated 23.01.2024 the FIR is registered on
30.01.2024 and thereafter, immediately the applicant is arrested. It
reveals though sufficient time get availed to investigation machinery.
However, they have not recorded the statement of close friends of
victim or other relatives of her. In such eventualities I felt that by
saddling certain stringent conditions would appropriate to have the
relief sought by the applicant. With this passed the following order.
:ORDER:
1.

The present Criminal Bail Application No. 321 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant HITESH @ SHUBHAM CHANDRAKANT KHARAT,
age 24 years, residing at Near Anandvan Buddha Vihar, Kedar Galli
No.2, Vasantrao Naik Marg. Ghatkopar East, Mumbai-400 077 be
released on executing a P.R. Bond of Rs. 1,00,000/- (Rupees One Lakh
Only) and furnish one or two solvent sureties in the like amount in
connection with the crime vide C.R. No.60 of 2024 registered with
Pantnagar Police Station for the offences punishable under Section 306
CRI. BA 321/2024
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ORDER
of the Indian Penal Code, 1860.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall record his attendance with respondent/
Pantnagar Police Station on every Tuesday of every week between 11.00
a.m. to 05.00 p.m. until submission of charge-sheet.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

f.

The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The
applicant
to
make
surety
compliance
before
Ld.

Trial/Committal Court.
i.

Accordingly,
inform
to
the
Ld.

Trial/Committal
Court,
Investigating Officer/Pantnagar Police Station by sending copy of this
order.
j.

The respondent/Pantnagar Police Station to take note of this
CRI. BA 321/2024
7
ORDER
order.
k.

The present Criminal Bail Application No. 321 of 2024 stands
disposed of accordingly.

Dictated and pronounced in open court
Sd/-
Dictated on
Transcribed on
Date of sign
: 15.02.2024
: 16.02.2024
: 20.02.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 321/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21/02/2024, 11.24 a.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
15.02.2024
Order signed by P.O. on
20.02.2024
Order uploaded on
21.02.2024