BA 1827­2022
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MHCC020098852022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1827 OF 2022
(CNR NO.MHCC02­009885­2022)
Nilesh Laxman Bera
Aged 33 years,
Occupation : Service,
Having address at
104, Ravilal Chsl., Opp Hanuman
Mandir, Kunkuwadi,
Vile Parle (East), Mumbai ­ 57
….Applicant/Accused
Vs.
State of Maharashtra
(Through Khar Police
Station in Crime No.1014/2022)
…. Respondents.

Adv Mr. P.S.Dubey for Accused.
APP Mr. Shankar Erande for State.
CORAM:
HH THE ADDL.SESSIONS JUDGE
SMT.C.V.PATIL
(Court Room No.27)
DATE :
2nd August, 2022.

BA 1827­2022
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ORDER
1.

The said application is filed by accused Nilesh Bera and he
requested to release him on regular bail u/s. 439 of Cr.P.C. It is his
submission that he is not concerned with the offence, he is innocent, he
has been falsely implicated on this ground he requested to release him on
bail.
2.

Prosecution filed say at Exh.2 and denied contents of the
application. The prosecution has made out summary of the allegations
leveled against accused. From allegations it appears that accused has
uttered insulting word for informant a public servant while discharging her
duty therefore F.I.R. No.1014/2022 for the offence punishable u/s. 353,
504, 509 of IPC is registered at Khar police station against accused. It is
objection from the side of prosecution that if accused is released on bail
then there is possibility that he would abscond and will tamper evidence.
From the story of prosecution it appears that almost witnesses are from the
police department and therefore there is no question of tampering or
hampering to the witnesses at the hands of accused. However, considering
nature of offence though it is triable by this court but trial would take its
own time and for long it is not desirable to keep accused behind bar
without satisfactory reason. The objection that accused will tamper
evidence and would abscond can be secured by imposing necessary
condition on the accused. Therefore considering the nature of offence
following order is passed.

BA 1827­2022
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ORDER
1.

Bail Application No.1827 of 2022 is allowed.

2.

Accused Nilesh Laxman Bera be released on PB and SB of
Rs.15,000/­ (Rs. Fifteen Thousand).

3.

Accused to attend police station when called by I.O.

4.

Accused not to leave India without permission of the Trial Court.

5.

The accused to furnish ID proof, registered address, phone number
before Trial Court/I.O.

6.

The accused is directed to co­operate for investigation and to attend
the police station when called by I.O.

7.

The accused shall not tamper prosecution evidence in any manner.

8.

Breach of any conditions by the accused shall result in cancellation
of bail.

9.

Thus, Criminal Bail Application No.1827 of 2022 stands disposed
off.

02/08/2022
Date of Dictation
: 02/08/2022
Date of Transcription : 02/08/2022
Date of signature
: 03/08/2022
(Smt.C.V.Patil)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
BA 1827­2022
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