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MHCC020058232024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 928 OF 2024
Kuldeep Gupta
… Applicant/accused
Vs.

The State of Maharashtra
(Through of R.C.F. Police Station vide
C.R. No. 133/2024)
… Respondent/State
Appearance :Mr. Sunny Singh, Ld. Advocate for Applicant/Accused.
Mrs. Geeta Sharma, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 22ND APRIL, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.133/2024 registered
with R.C.F. police station for the offence punishable under Sections
323, 326, 504 of I.P.C.

2.

Applicant/accused submitted that he is innocent and
has been falsely implicated in this crime. He is student and have no
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criminal background. Applicant/accused is ready to obey terms and
conditions imposed by Court. Nothing has been recovered from
him. No purpose will be served by keeping applicant behind bar.
The applicant is ready to abide by any terms and conditions
imposed by the Court. Hence, applicant/accused prayed for grant of
regular bail in connection with C.R. 133/2024 registered with
R.C.F.. police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that the complainant
sustained grievous injury. Complainant and applicant/accused
resides in same locality and if bail is granted to him, then he will
tamper prosecution witnesses. Lastly, investigating officer prayed
for rejection of bail application.
4.

Heard
Ld.

applicant/accused
and
Adv.
Ld.

Mr.
APP
Sunny
Ms.

Singh
Geeta
for
the
Sharma
for
Respondent/State at length.
5.

Perused the contents of application and say filed by the
investigating officer. By this application the accused prayed for
grant of regular bail. Ld. A.P.P. strongly objected for grant of bail. I
have gone through F.I.R. In F.I.R. the name of applicant/accused is
mentioned. The allegation levelled against applicant/accused is that
he abused and assaulted to complainant by fist blows and lifted
stone and pelted it towards complainant and it was hit on head of
complainant and thereby complainant sustained injury. It is seen
from the reply of investigating officer that stone was seized from
spot.

Nothing
has
been
recovered
at
the
instance
of
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applicant/accused. Hence further detention of applicant/accused is
unwarranted.
6.

In present case investigating officer recorded statement
of witnesses, drawn spot panchanama, seized stone under
panchanama and collected medical certificate of complainant.
Practically investigation of crime is completed. Therefore further
detention of accused is not required. Moreover, complainant is
already discharged from hospital. He is out of danger. Alleged
offence is triable by Ld. Metropolitan Magistrate. The applicant is
ready to abide by any terms and conditions imposed by the Court.
He is not having criminal antecedents. Therefore, by imposing
conditions, he can be released on regular bail.
7.

Considering the nature of offence and role played by
the applicant/accused in the alleged crime, I am of the view that
the applicant/accused is entitled for grant of regular bail.
Therefore, the bail application needs to be allowed. Hence, I
proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.928
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Kuldeep Gupta, resident of at post
Khuthan, Dist. Jaunpur, Utter Pradesh, 22304, be released on
regular bail on furnishing P. R. Bond of Rs.25,000/- along with one
or more sureties in like amount in connection with C.R.
No.133/2024 registered with R.C.F. Police Station for the offence
punishable under Sections 323, 326, 504 of I.P.C. on following
conditions :-
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(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 11:00 a.m. to 01:00
noon till filing of the charge-sheet.
(b) The applicant/accused is directed not to commit similar types
of offence.
(c) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicant/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(d) The applicant/accused should not directly or indirectly make
any inducement, threat or promise to any person acquainted with
facts of case so as to dissuade them from disclosing the facts to
Court or any Police Officer and should not tamper with the
evidence and prosecution witnesses.
(e) The applicant/accused shall not leave India without prior
permission of Ld.Trial Court.
(f) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional
cash
bail
of
Rs.25,000/-
is
allowed
to
the
applicant/accused for period of 4 weeks to furnish surety from the
date of release.
4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.928 of 2024 stands disposed off
accordingly.

Date : 22.04.2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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Dictated on
Transcribed on
HHJ signed on
: 22/04/2024
: 23/04/2024
: 23/04/2024
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SIGNED JUDGMENT/ORDER.”
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JUDGMENT /ORDER
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