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Order on BA No.1178/24
MHCC020072382024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.1178 OF 2024
IN
C.R. No.74 of 2024
Nilesh Shivaji Barve
Age : 30 years, Occ : Service (Delivery Boy)
Residing at Sewri Gadi Adda,
Tabela No.02, Hajibunder Road,
Sewri, Mumbai-400015
]
]
]
] Applicant/
]… Accused
Versus
The State of Maharashtra
(Through Kanjur Marg Police Station)
]
]… Respondent
Appearances:Ld. Advocate Runal Watulkar for the Applicant.
Ld. SPP Seema Deshpande for the State/ Respondent.
CORAM : HER HONOUR JUDGE
ADITEE UDAY KADAM,
(Court Room no. 7)
DATE : 7th May, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Nilesh Shivaji Barve resident of Sewri, Mumbai, under Section
439 of The Code of Criminal Procedure, 1973 for grant of regular
bail.

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2.

Order on BA No.1178/24
A case being C.R. No.74 of 2024 registered with Kanjur Marg
Police Station against the present Applicant for the offence
punishable under Sections 325, 326, 504 r/w Section 34 of the
Indian Penal Code, 1860 (hereinafter referred as “IPC”).

3.

Application is resisted by the Prosecution by filing its say at
Exhibit No.02.

4. Prosecution case in nutshell is as under :-
Report is lodged by the informant, resident of Society at
Kanjur Marg that the accused and other persons used to sit near
the gate of the Society to drink liquor. For that reason, society
members used to call police. But then, these people, who used to
sit there in the society had grudge against the members of society
and abused society members without any reason. On 25.03.2024,
there was quarrel between informant and accused including
applicant.

Accused
assaulted
and
abused
the
informant.

Informant was beaten up with beer bottle thereby, he sustained
bleeding injury and during the occurrence his son also sustained
injury as applicant took bite of him. Accordingly, report came to
be lodged on 25.03.2024.
5.

Heard the Ld. Advocate for the Applicant, Ld. SPP for the
Prosecution, Investigating Officer.

6.

On perusal of record it reveals that, report is lodged
immediately on the day of occurrence itself. Applicant / accused
came to be arrested on 24.04.2024. Investigating Agency has filed
say and resisted the application. Record reflects that there is no
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Order on BA No.1178/24
injury certificate produced on record to show prima facie
application for charges leveled against the accused. Applicant is
behind bar since 24.04.2024, there is no recovery or discovery as
such remain from the present applicant. Other two accused are
already released on bail. Therefore, on the ground of parity,
applicant is also entitle for grant of bail.
7.

Investigation is complete and charge-sheet has been filed and
thereby, physical custody of the applicant would not be required
for custodial interrogation.

8.

It is further submitted by the Ld. Advocate for the applicant
that the applicant has no criminal antecedents. He is ready to
abide any condition on grant of bail. Applicant is a sole bread
earner in his family. Considering all these aspects this Court is of
the view that the application filed by the applicant is to be
allowed with certain conditions. Hence, the following order :ORDER
1. The present Bail Application No.1178 of 2024 is hereby allowed
and disposed off.

2. Applicant Nilesh Shivaji Barve is hereby released on bail in
connection with C.R. No.74 of 2024 is registered with Kanjur
Marg Police Station against the present Applicant for the offence
punishable under Sections 326, 325, 504 r/w Section 34 of the
Indian Penal Code, 1860 on furnishing PR bond of Rs. 50,000/(Rupees Fifty Thousand only) with one or more sureties in the
like amount.

3. The Applicant is permitted to furnish provisional cash bail of
Rs.50,000/- (Rupees Fifty Thousand only) for a period of three
months.

4. Applicant is directed not to enter the area / vicinity where the
informant / injured resides till end of the trial.

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Order on BA No.1178/24
5. The Applicant to make surety compliance before concerned
Court.

6. That the applicant shall make himself available for interrogation
by the Investigating Officer as and when required, under written
intimation and mark presenty in concern police station on every
Saturday and Sunday in between 11.00 a.m. to 1.00 p.m. for the
period of two months from the date of this Order.

7. The Applicant shall not tamper with the prosecution evidence or
pressurize the prosecution witnesses in any manner.

8. The Applicant shall furnish his contact number and residential
address to the Investigating Officer and shall keep him updated,
in case there is any change.

9. The Applicant shall attend the dates of trial regularly.

(Dictated and pronounced in the open Court.)
Digitally signed
by ADITEE
UDAY KADAM
Date: 2024.05.07
17:22:07 +0530
Date: 07/05/2024
Mumbai
(ADITEE UDAY KADAM)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
Dictated directly on computer: 07/05/2024
Signed by HHJ on
: 07/05/2024
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Order on BA No.1178/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
07.05.2024 at 5.20 p.m.
UPLOADED DATE AND TIME
Ms. R. D. Tari
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. A. U. Kadam
C.R. No.07
Date of Pronouncement of Judgment/Order
07.05.2024
Judgment /Order signed by P.O. on
07.05.2024
Judgment/Order uploaded on
07.05.2024