CRI. BA 1139/2022
1
ORDER
MHCC020062992022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1139 OF 2022
( CNR NO.:MHCC020062992022 )
Prince Mahendra Singh @ Ajay Singh
Age : 30 years, Occ.: Labour.
Address Room No. A 2/604,
Sai Mansarovar Building,
Mansarovar Complex,
Varladevi Road, Thane ,
Bhivandi 421 302.
Permanent Address:
358/153, Alamnagar,
Lucknow, Uttar Pradesh – 226017.
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Park Site
Police Station vide C.R.No.
113 of 2022)
…Respondent/State.
Appearance:
Smt. Dipika Oswal, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Addl. P.P. for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 13.06.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
CRI. BA 1139/2022
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ORDER
Crime No. 113 of 2022 registered at Pant Nagar Police Station for
offences punishable under Sections 420, 34 of Indian Penal Code.
2.
Prosecution case is that on the pretext of giving of change,
accused Vijay Singh and Suresh Singh induced the informant Raisulla to
deliver Rs. 20,00,000/ to them but instead of giving the change, they
fled away taking the amount. The applicant is one of the person who
was there and whose motorcycle was used to flee away. In the
investigation, it was revealed that the person who took Suresh Singh on
his motor cycle was present applicant.
3.
Heard both sides. Perused papers on record. It reveals that
the applicant is not the person who made any representation to the
informant Raisulla. Applicant is not the person who made promise to
Raisulla to give the change. The allegations of misrepresentation and
promise of giving the change are against accused Vijay Singh and
Suresh Singh. The amount of Rs.20,00,000/ was delivered to Suresh
Singh and not to the applicant. Police papers shows that amount of
Rs.1,46,000/ and motorcycle was seized from applicant but it cannot
be a ground to reject the bail application particularly when there is no
allegation made against the applicant that he made representation and
induced to deliver the amount and accordingly, amount was delivered
to the applicant. In these circumstances, this court is of view that
accused/applicant is entitled to be released on bail but on certain
conditions. Hence, following order.
:ORDER:
1. The Criminal Bail Application No.1139 of 2022 is allowed as under.
2. The applicant accused namely Prince Mahendra Singh @ Ajay
CRI. BA 1139/2022
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ORDER
Singh be released on bail on executing personal bond of Rs.20,000/
and one or two solvent sureties of the same amount in Crime No. 113 of
2022 registered at Park Site Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4
The accused shall attend the Park Site Police Station on every
Monday in between 10.00 am to 12.00 pm till filing of the
chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat 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 or tamper with
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
CRI. BA 1139/2022
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ORDER
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
13.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.06.14
17:56:56 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 13.06.2022
: 13.06.2022
: 13.06.2022
CRI. BA 1139/2022
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14/06/2022 , 5.43 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge,City Civil &
Sessions Court,
Date of pronouncement of /Order
13.06.2022
Order signed by P.O. on
13.06.2022
Order uploaded on
14.06.2022