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Cri BA No.562-2024
MHCC020036312024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.562 OF 2024
Lalbahadur Somai Maurya,
Age: 36 Years, Occ: Service.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Kurla Police Station Vide C.R. ]
No.522 of 2023.)
] …Respondent.
Advocate Rajesh Kumar for applicant.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
16th MARCH, 2023.
ORDER
This is first application for regular bail after charge-sheet
filed by the applicant in connection with FIR No.522 of 2023 registered
with Kurla Police Station for offence under sections 394, 397, 120-B
r/w. 34 of the Indian Penal Code and section 142 of Maharashtra Police
Act.
2.

As per the complaint filed by first informant Chirag
Rameshchandra Chaplot, he works as Supervisor in ‘Sheetal Laminate’,
a plywood store at Milan Junction, Maharashtra Kanta, L.B.S. Road,
Kurla. He used to deposit the cash amount collected in the store in bank
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Cri BA No.562-2024
accounts through ATM. On 16.12.2023, the son of the owner had kept
Rs.5,00,000/- cash in the shop and had instructed the first informant to
deposit the said amount alongwith the collection amount of the day in
ATM machine of ICICI Bank, Sion Branch. The collection amount of
Rs.4,00,000/- alongwith the amount of Rs.5,00,000/- kept by the son of
owner was lying in the shop. The first informant kept the said amount
in a bag and closed shop at about 7.50 p.m. He was to deposit the said
amount in ATM alongwith his co-worker Jitender. After closing the shop,
he assisted a tempo driver to uphold some plywood which was lying in
the adjacent mandir and his associate Jitendra proceeded to bring his
bike from parking. When the first informant was walking in the galli,
he was ambushed by three unknown persons. One person pressed his
neck. Out of the two persons, one threw chilli powder in his eyes and
the other person snatched the bag containing cash. The first informant
raised shouts. Some persons tried to chase them. However, they were
not found.

Thereafter, complaint came to be lodged against three
unknown persons on 17.12.2023 at 2.30 a.m. During investigation
applicant came to be arrested.
3.

The applicant seeks bail on the grounds that he is innocent.

The FIR was registered against unknown three persons having faces
covered. The property recovered from the applicant is not a specific
property. No role is attributed to the applicant. Identity of the culprits
is disputed. The investigation is complete and charge-sheet is filed.
The trial may take longer time to complete. The applicant has social
roots.
4.

Prosecution in its reply Exh.2 opposed bail on the grounds
that applicant was involved in the conspiracy to commit the offence.

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Cri BA No.562-2024
There is possibility that applicant may tamper with the investigation or
may pressurize the witnesses. It is further contended that applicant
may flee from justice.
5.

I have heard learned Advocate for the applicant and
learned APP.

Both made submissions in the line of their respective
written contentions. I have carefully considered their oral submissions
as well as written contentions.
6.

The prosecution claims that the applicant is an employee
alongwith first informant in the shop owned by Ashok Poonamchand
Kothari and he instructed three other co-accused and ambushed the first
informant and executed the act.

As per the case of prosecution an
amount of Rs.25,000/- is recovered from the applicant. It appears that
the applicant was not directly and actively involved in the alleged
ambush in which theft was committed by assaulting the first informant.
7.

This Court rejected earlier Criminal Bail Application No.19
of 2024 filed by applicant vide order dated 09.01.2024 mainly on the
ground that investigation was in progress and charge-sheet was not
filed. Now, the investigation is complete and admittedly charge-sheet is
forwarded by the investigating agency to the Court. The prosecution
has not shown any criminal antecedents of the applicant. The applicant
appears to be the permanent resident of Mumbai having roots in the
society. Therefore, the presence of the applicant can be secured during
trial. The applicant is arrested on 18.12.2023 and he is in jail for a
period of about three months. His further detention does not seem to
be necessary for the purpose of investigation. Therefore, I am inclined
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Cri BA No.562-2024
to release the applicant on bail on suitable terms and conditions. Thus,
I pass following order:
ORDER
1.

Criminal Bail Application No.562 of 2024 is allowed.

2.

The applicant Lalbahadur Somai Maurya, who is accused in F.I.R.

No.522 of 2023 registered with Kurla Police Station for offence under
sections 394, 397, 120B, 34 of the Indian Penal Code and section 142 of
Maharashtra Police Act, be released on his executing PR Bond of
Rs.30,000 /- (Rupees Thirty Thousand Only) with one or two sureties in
the like sum on following conditions:(a)
The applicant 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 him from disclosing
such facts to the Court or to any police officer.
(b)
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while
on bail.
(d)
The applicant shall not try to contact the informant
personally or through anybody till conclusion of trial.
(e)
The applicant shall submit document regarding his
permanent address and contact details to the concerned
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(f)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.

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4.

Cri BA No.562-2024
Provisional cash bail of Rs.30,000/- allowed for the period of 6
weeks.
5.

Criminal Bail Application No.562 of 2024 is disposed off
accordingly.

Date : 16/03/2024
Order Dictated on: 16/03/2024
Transcribed on : 16/03/2024
Checked on
: 16/03/2024
Signed on
: 16/03/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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THE ADDL. SESSIONS JUDGE
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JUDGEMENT /ORDER
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JUDGEMENT /ORDER signed by 16.03.2024
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