B.A. 32/24 MHCC020002062024

IN THE COURT OF SESSION FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION No.32 OF 2024

Rishikesh Rajendraprasad Sahani
Age 24 years, Occ : Student,
Residing at Room No.403, M.G.R.
Mandal, Dairya Kinari, New Tank
Bunder Road, Koyla Bunder,
Sewree, Mumbai 400 033. … Applicant/Accused

– Versus

State of Maharashtra, Through Sewree Police station, Mumbai vide Cr. No.228/2023 )
… Respondent

Appearance :Mr. Jagdish Singh Advocate for the applicant.
A.P.P Manjushree for respondent.
CORAM : RAJESH A. SASNE ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30.
DATED : 10/01/2024 ORDER

This is an application filed by the accused u/sec.439 of Criminal Procedure Code for releasing him on bail in connection with C.R.No.228/2023 registered with Sewree Police station, Mumbai for the
commission of offences punishable u/sec.323, 326 of Indian Penal Code.

2.It is alleged by the applicant / accused that he is innocent and falsely implicated in the present case. The accused is arrested on 13.11.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there is no point in keeping accused behind bars. He is a permanent resident of his given address therefore prayed for releasing him on bail.

3.The prosecution opposed the application by filing reply vide Exh.2. If accused is released on bail it will affect the collection of evidence. The investigation is not completed therefore if accused is released on bail there are chances of flee from justice. If accused is released on bail there are chances of threatening of prosecution witnesses and tampering prosecution evidence. Hence, prosecution
prayed for rejection of the application.

4.Read the application, say filed by the prosecution. Heard the ld. Advocate for the applicant and ld. APP for the State.

5.It is the case of the prosecution that the accused by means of bamboo attacked on the informant and assaulted by blow on his head and hand. There was blooding injury. Therefore, report was lodged and
accused was arrested on 13.11.2023. The offence is registered u/Sec.323,326 of IPC. The accused is 24 years old. He is also HIV patient. The documents to that effect are attached to the bail application. Since 13.11.2023 he is behind bars. As per say of the prosecution recovery has been made. No recovery is pending. Substantial part of the investigation appears to have been completed. Therefore, further incarceration of the accused is not necessary. If reasonable conditions securing presence of the accused for trial are imposed, the accused will be entitled for bail. Hence, I am of the view to allow the
application. In the result I pass the following order :

ORDER

1.Bail Application No.32 of 2024 is allowed.

2.Applicant / Accused Rishikesh Rajendraprasad Sahani, arrested in C.R.No.228/2023 under Section 323,326 of the Indian Penal Code registered with Sewree Police station be released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one or two sureties.

3.The applicant / accused shall not tamper with the prosecution witnesses and evidence in any manner.

4.The applicant / accused shall attend the concern police station on 1st and 4th Saturday till filing of the charge-sheet.

5.Provisional cash bail in the like amount is allowed. The accused shall furnish surety within 4 weeks from the date of release from jail failing which the cash bail shall stand forfeited without any separate
order to that effect.

6. The applicant / accused shall not leave India without prior permission of the Court.

7.Bail before the concern Magistrate.

Date : 10/01/2024 Dictated on Transcribed on Signed by HHJ on : 10/01/2024 : 11/01/2024 : 11/01/2024
( RAJESH A. SASNE ) Additional Sessions Judge, Gr. Mumbai. 4 B.A. 32/24 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 11/01/2024 UPLOAD DATE 5.30 p.m. TIME J.S. Chavan NAME OF STENOGRAPHER Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.) R.A.Sasne, Court Room No. 30. Date of Pronouncement of ORDER 10/01/2024 ORDER signed by P.O. on 11/01/2024 ORDER uploaded on 11/01/2024