Cri.Bail Application No.383/2024
..1..

MHCC020026912024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.383 OF 2024
IN
C.R.NO.36 OF 2024
Mr. Lokesh Rajesh Poojari
Aged 21 Years , Occupation: Service,
Residing at Building No.23,
‘A’ Wing, Room No.308,
Lallubhai Compound,
Hiranandani Akruti, Mankhurd (East),
Mumbai 400 043.

..Applicant/Accused
Vs.
The State of Maharashtra
At the instance of Mankhurd Police Station.

..Respondent
Appearances :Ld. Advocate Mr. Satish Sakat, for the Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari with Mrs. Rajlaxmi
Bhandari, for the State/Respondent.
CORAM : H.H. DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 23RD FEBRUARY, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.36/2024 registered with Mankhurd Police Station for the offence
punishable under Sections 354, 323, 504 and 506-II r/w section 34 of
the Indian Penal Code, 1860.

..2..

02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that on 12/02/2024 the bail application of
the accused was rejected by the Ld. Metropolitan Magistrate, 52nd
Court, Kurla, Mumbai. He submitted that the accused does not have
any role in the commission of the offence. He is falsely implicated in
the case. The punishment for the offence is less than 7 years. He is
ready to abide by all terms and conditions that may be imposed by
the Court. He has prayed for grant of bail to the accused.
04.

Per contra, Addl.P.P. submitted that there are pending
offences against the accused. The accused has caused terror in the
locality. The co-accused Shaynar is absconding. If the accused is
granted bail, the law and order situation can get disturbed. If the
accused is granted bail, there is possibility that he will threaten the
complainant
and
witnesses,
destroy
evidence
and
hinder
investigation. He may not remain present for trial. She further
submitted that detailed investigation has to be carried and chargesheet is to be filed.

She has prayed for rejection of the bail
application.
05.

Perused record. FIR mentions that on 06/02/2024 at
about 11:00 p.m. when the complainant and her husband were going
for a walk after dinner, the present accused and co-accused gave cut
to the husband of the complainant. The husband of the complainant
sustained injury to his leg. Altercation took place between them. The
co-accused Shaynar touched the chest of the complainant.

The
..3..

present accused assaulted the husband of the complainant by
twisting his hand. When people gathered there, the present accused
took out bamboo from his bike and threatened them of dire
consequence, if anyone intervenes. As the complainant and her
husband frightened, they did not lodge report immediately.
06.

The role attributed to the present accused is assaulting
the husband of the complainant by twisting his hand and threatening
by bamboo the people gathered there with dire consequences. It is
settled legal position that pending offences by itself is not a ground
for rejection of bail. Spot panchanama is drawn.
07.

Taking into consideration the role of the accused,
punishment for the same, punishment for all offences is less than 7
years, all offences are triable by Metropolitan Magistrate; it is held
that continued incarceration of the accused is not required. The
accused is permanent resident of Mumbai. As the complainant and
the accused are residing in the same locality, terms and conditions
can be imposed on the accused to avoid future disputes. To facilitate
investigation, the accused can be directed to attend the police
station.

To protect the complainant and ensure presence of the
accused for trial, terms and conditions can be imposed on him while
grant of bail. For the aforesaid reasoning, it is found fit to grant bail
to the accused by imposing certain terms and conditions. Hence, the
orderORDER
1.

The Criminal Bail Application is allowed.

..4..

2.

The accused Lokesh Rajesh Poojari be released on bail in Crime
No.36 of 2024 registered with Mankhurd Police Station for the
offence punishable under Sections 354, 323, 504 and 506-II r/w
section 34 of the Indian Penal Code, 1860 on executing P.R.
Bond of Rs.50,000/- with one or more surety/sureties in like
amount, on the following conditionsa) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Mankhurd Police Station on 1 st and 3rd
Sunday of every month from 11:00 a.m. to 12:00 noon till
filing of the charge-sheet.

c) He shall not commit any offence in future.
d) He shall not leave India without permission of the Court.
e) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

f) He shall not contact the complainant and her family
members or witnesses directly or indirectly by any means
till conclusion of the trial.

g) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

3.

Bail before the Ld. Metropolitan Magistrate.

4.

Breach of any condition would entail cancellation of bail.

Date: 23/02/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
..5..

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
23/02/2024
01:24 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
23/02/2024
ORDER signed by P.O. on
23/02/2024
ORDER uploaded on
23/02/2024