::1::
Criminal Bail Application No.959/2022
CNR NO. MHCC02-005443-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 959 OF 2022
IN
C.R. NO. 519 OF 2022
Mr. Sarojkumar Shankarshan Nayak
Age: 22 years, Occ: Service
R/at : Ranapada Near Mangla Mandir
Jalanga, Bhadrak, Orissa – 756181
Presently R/at: Khar Danda,
Near Ganpati Temple
Khar (W), Mumbai- 50.

…Applicant
Versus
The State of Maharashtra
(Through Bandra Police Station)
…Respondent
Appearances:
Advocate Mr. R.B. Mungekar for the applicant/Accused.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 29th APRIL, 2022.
:ORDER:
This is bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”)
for grant of regular bail in connection with Crime No.519/2022 for the
offence punishable under Section 354 of the Indian Penal Code, 1860
(hereinafter referred to as “IPC”) registered with Bandra Police Station.

::2::
2.

Criminal Bail Application No.959/2022
Heard argument of learned counsel for accused and learned APP
for the State.
3.

Prosecution has alleged informant was sitting in the rickshaw that
time accused suddenly touched breast of informant and pressed it.
Informant’s friend followed accused and caught him and FIR came to be
lodged.
4.

Applicant-accused has contended that informant and her friends
were under influence of alcohol and they were behaving in indecent
manner, when applicant-accused looked at them and they shouted at
him and situation became worse. Applicant-accused has further
contended that section 354(A) can only be applied and prayed to be
released on bail.
5.

Prosecution has alleged that accused touched and pressed breast
of informant. Therefore, at this juncture there appears no substance in
the contention of learned counsel for accused that only section 354(A)
of IPC is applicable. It appears, there are no criminal antecedents of
accused brought on record. Accused is 22 years old. It appears, accused
is resident of Mumbai. Considering the allegations and circumstances
against accused it appears, there are no reasonable grounds to keep
accused behind the bar. Hence, it will be proper to release him on bail
on some conditions. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.959 of 2022 is allowed.

2.

Accused viz. Mr. Sarojkumar Shankarshan Nayak be released on
bail on his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen
Thousand only), with one or more surety/sureties in the like
::3::
Criminal Bail Application No.959/2022
amount, in C.R.No.519/2022 for the offence punishable
under Section 354 of IPC registered with Bandra Police Station on
the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall co-operate with the investigation of Police.
(iv) Accused is directed to attend concerned Police Station as and
when required by Investigating Officer.
(v) 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 them from disclosing such facts to the court
or any police officer.
(vi) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue
with the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
3.

Criminal Bail Application No.959 of 2022 stands disposed of
accordingly.

Dt. 29.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 29.04.2022
: 29.04.2022
: 29.04.2022
::4::
Criminal Bail Application No.959/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
29/04/2022 at 01.55 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 29/04/2022
Judgment/Order signed by P.O.on
29/04/2022
Judgment/Order uploaded on
30/04/2022
(Court