Nitesh Babu Manjrekar Vs State of Maharashtra Bombay Sessions Court BA No 556 of 2024

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MHCC020035802024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 556 OF 2024
Shri. Nitesh Babu Manjrekar
Age : 21 years, Occ. : Labor,
R/at : Vadarwadi, Near Mari Amma Temple,
Behind Vaishali Paints,
Va.Tu Patil Marg, Chembur (E),
Mumbai.
…Applicant/accused
Vs.
The State of Maharashtra
(Through Govandi Police Station,
Mumbai)
…Respondent
Appearance :Ld. Adv. Ms. Maya Upadeshe for applicant.
Ld. APP Mr. J. N. Suryawanshi for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 05th March, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Govandi police in connection with C.R. No.386/2023
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against applicant for the offence punishable u/s 307, 385 of IPC.
Applicant is innocent, he has not committed any offence. It is further
contended that he is falsely implicated in this case on the bases of false
story. No offence under section 307 of IPC is made out. Nothing is to be
recovered at the instance of the applicant. Injured is discharged from
the hospital. Investigation of case is completed and charge-sheet has
been filed before court. Applicant is permanent resident of Mumbai.
Applicant is ready to co-operate with police. In such circumstances,
there is no further need of detention of the applicant. Hence, prayed for
grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that applicant was present on the spot and he also
assaulted informant is revealed on the basis of statement of informant.
Applicant is habitual offender. He is having criminal antecedents
Offence is serious. If the applicant is released on bail there is possibility
of tampering of evidence of prosecution and threatening of witnesses.
Therefore, prayed for rejection of application.
4
In view of submissions from both sides and on perusal of
the allegations in FIR, it reveals that On 16.10.2023 at 12.45 pm
informant and other persons sat in Zala maidan for meeting of Navratra
festival. At that time applicant came there and he asked money for
alcohol from informant. During incident applicant caused injury by
sharp weapon on right hand thumb and left hand of informant. It is
further alleged that incident occurred due to non payment of amount
demanded by applicant. It reveals that investigation of case is
completed and charge-sheet is filed against applicant before Ld.
Metropolitan Magistrate. Further custody of applicant is not required
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for the purpose of investigation. By securing interest of prosecution.
Applicant may be released on bail by imposing conditions. Hence
applicant is entitled to be released on bail. Therefore, I pass following
order :ORDER
1.

Criminal Bail Application No.556 of 2024 is allowed.

2.

Applicant/accused Nitesh Babu Manjrekar be released on bail on
furnishing P.R. Bond of Rs.50,000/- along with one or more
sureties in the like amount in connection with C.R. No.386/23
registered with Govandi police station.

3.

Applicant/accused shall attend Govandi, Police Station, Mumbai,
as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused 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.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.
8.

Bail before learned Court below.
Criminal Bail Application No.556 of 2024 stands disposed of
accordingly.

Date : 05.03.2024
Dictated on
Typed on
HHJ signed on
: 05.03.2024
: 05.03.2024
: 07.03.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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SIGNED JUDGMENT/ORDER.”
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