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Criminal Bail Application No.150/2022
CNR NO. MHCC02-000737-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 150 OF 2022
IN
C.R. NO. 387 OF 2021
Kalyan Krishna Chaki
Age: years, Occupation: Service
R/o: X-2/44, Bedroom, Old Navy Nagar,
Cuff Parade, Mumbai- 400 005
(presently lodged at Arthur Road Jail)
…Applicant
Org. Accused No.1
Versus
The State of Maharashtra
(At the instance of Cuff Parade Police
Station)
…Respondent
Appearances:
Advocate Mr. Prasad Panchal for the applicant/Accused No.1.
ADPP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 28th JANUARY, 2022.
:ORDER:
This is an bail application filed by accused under section 439 of
the Code of Criminal Procedure 1973 (hereinafter referred to as
“Cr.P.C.”) for grant of regular bail in connection with Crime
No.387/2021 for the offence punishable under Sections 304(B), 306,
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Criminal Bail Application No.150/2022
323, 504 and 506 r/w 34 of the Indian Penal Code, 1860 (hereinafter
referred to as “IPC”) registered with Cuff Parade Police Station.
2.
Heard argument of learned counsel for accused and learned APP
for the State.
3.
Prosecution has alleged due to mental and physical cruelty by
applicant-husband and other co-accused deceased committed suicide
and therefore, charge-sheet came to be filed.
4.
Applicant-accused who is husband of deceased contended that he
is falsely implicated in this case. He has further contended that there
was no quarrel between him and deceased. Applicant-accused has
further contended that he had no intention to instigate deceased to
commit suicide. He has further stated that he is serving in Indian Navy
and prayed to be released on bail.
5.
Prosecution has submitted that if accused is released on bail then
he may threaten witnesses and informant. Prosecution has further
submitted that accused is having residence at West Bengal and may not
remain present for trial and objected the bail application.
6.
It appears, charge-sheet is filed in this case. It is a matter of trial
whether accused is the reason for suicide by deceased. Accused is
serving in Indian Navy. There are no criminal antecedents against him
brought on record. Considering such circumstances, it will be proper to
release him on bail on some conditions. Hence, pass following order:
ORDER
1.
Criminal Bail Application No.150 of 2022 is allowed.
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2.
Criminal Bail Application No.150/2022
Accused viz. Kalyan Krishna Chaki be released on bail on his
furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand
only), with one or more surety/sureties in the like amount, in
C.R.No.387/2021 for the offence punishable under Sections
304(B), 306, 323, 504 and 506 r/w 34 of IPC registered with
Cuffe Parade Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused is directed not to leave India without permission of
the Court.
(iv) Accused shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the court
or any police officer.
(v) He shall furnish his mobile number, phone number & his all
addresses
including permanent, temporary and postal to the
Investigating Officer and shall not change or discontinue with the
mobile number provided to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses to the Court.
3.
Criminal Bail Application No.150 of 2022 stands disposed of
accordingly.
Dt. 28.01.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 28.01.2022
: 28.01.2022
: 28.01.2022
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Criminal Bail Application No.150/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
29/01/2022 at 12.09 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 28/01/2022
Judgment/Order signed by P.O.on
28/01/2022
Judgment/Order uploaded on
29/01/2022
(Court