Raj Dilip Gupta Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1889 of 2022

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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1889 OF 2022
CNR NO. MHCC02­010302­2022
Raj Dilip Gupta
Age : 23 years, Occ: Service,
R/at : Reva Infront Rajendra,
Shukla Hujur Reva, Reva,
Madhya Pradesh 486001.

…Applicant/Accused
Vs.
The State of Maharashtra
(Through L.T. Marg police Stn.)

…Respondent/State
Appearance :­
Mr. Ateet Mhambrey, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
Mr. Ashish Phalke, Ld. Advocate for the intervener.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 8TH AUGUST, 2022
(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 police in connection with C.R. No.86/2021 for the offence
punishable under Sections 406, 420 r/w 34 of IPC registered with L.T.
Marg police station. It is further contended that there is settlement
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between informant and applicant as dispute arose out of commercial
transaction. Dispute is settled. Hence, prayed for grant of bail.
3.

Original informant Vasant Bhagogi Kapadi appeared before
Court, filed on record affidavit as well as agreement of settlement. As
per their terms amount of Rs.2,90,000/­ agreed to be paid by applicant
to the informant. Accordingly, cheque is issued of Rs.40,000/­ on
5.08.2022. After grant of bail remaining amount is to be paid. He
further submitted that he is not objection to release applicant on bail in
view of their settlement.
4.

In view of above circumstances, I am of the opinion that as
the dispute is out of commercial transaction, there is settlement. Hence,
applicant is entitled to be released on bail. Hence, I passed the
following order :­
ORDER
1.

Criminal Bail Application No. 1889 of 2022 is allowed.

2.

Applicant/accused Raj Dilip Gupta be released on bail on
furnishing P.R. Bond of Rs.15,000/­ along with one surety of like
amount in connection with C.R. No.86/2021 registered with L.T.
Marg police station.

3.

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

4.

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.

5.

Applicant/accused shall not leave India without previous
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permission of the Court.
6.

Bail before Ld. Court below.

7.

Criminal Bail Application No.1889 of 2022 stands disposed of
accordingly.

Date : 08.08.2022
Dictated on
: 08.08.2022
Transcribed on : 08.08.2022
HHJ signed on : 08.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
10.08.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 08.08.2022
JUDGMENT /ORDER signed by 08.08.2022
P.O. on
JUDGMENT /ORDER uploaded 10.08.2022
on