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Cri BA No.381/2024
MHCC020027412024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.381 OF 2024
Applicant :
Accused
Satyavan Ramnarayan Soni
Aged : 26 years, Occu.: Labour, R/o. Jonihan,
Joniha, Fatehpur 212635, Uttar Pradesh.
VERSUS
Respondent :
The State of Maharashtra,
Through Pydhonie Police Station
Ms. Sheela Gupta, learned Advocate for applicant/accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 21/02/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Satyavan Ramnarayan Soni on bail in Crime
No.41/2024 for the offence punishable under Section 381 of Indian
Penal Code, registered with Pydhonie Police Station, Mumbai.
2.

Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply and other documents.
3.

It is case of prosecution that on 16/01/2024 informant/
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Cri BA No.381/2024
complainant Suraj Babulal Soni has given report/complaint in Phdhonie
Police Station. He alleged that he is running shop in the name and style
Nilam Garments at ground floor, building no.49, KRS Transport, Kazi
Syyed Streed, Masjid Bander West, Mumbai. He has engaged total 6
employees in his shop. Accused Satyavan is one of the said employees.
On 27/11/2023, while he was at the counter of his shop, he noticed in
CCTV that some of material from his shop is missing. At that time
accused Styavan went to his native by saying that he has some urgent
work. On 28/11/2023 informant has checked CCTV footage and therein
he found that accused Satyavan has stolen the garments material and
carried the same in a taxi for a period of 18 days. Informant also
noticed in the CCTV footage that accused Satyavan was giving the said
garment material to Clothes Merchant viz. Dhara Pathak. After
verification the informant found that total material (gowns and skirts)
of Rs.32,42,400/- has been stolen by the accused.
4.

Learned counsel for applicant argued that IO has arrested
the accused only on doubt. Some other persons should have been
committed theft of the said material. No one has seen the accused while
entering and coming out of the said room. Now nothing is to be
recovered from accused. He has no criminal antecedents.
5.

Learned APP argued that accused was working in the said
shop of complainant. He has been arrested on 23/01/2024 Joniha,
Fatehpur, Uttar Pradesh. Learned Metropolitan Magistrate has granted
his police custody upto 29/01/2024. During inquiry with him, it
revealed that he has committed theft of the said property. Out of total
stolen articles, the articles of Rs.47,325/- produced by Dhara Pathak @
Shailendrakumar Bhadripratap Pathak. However, remaining stolen
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Cri BA No.381/2024
material of Rs.31,95,075/- remained to be recovered. If present
applicant/accused is released on bail, he will not remain present in the
court because he is resident of the Uttar Pradesh State. It is to be
investigated whether there are other co-accused and whether he/they
have committed other crimes of theft.
6.

Offence punishable u/Sec.381 of IPC is punishable with
imprisonment which may extend to 7 years and fine. Present
applicant/accused was in PCR from 23/01/2024 to 29/01/2024.
Nothing is recovered from him during police custody. Stolen articles of
Rs.47,325/- produced by Dhara Pathak, a merchant of clothes.
Accused/applicant
has
no
criminal
antecedents.

Taking
into
consideration the facts of the case, nature of allegations and nature of
offences, it is desirable to release accused/applicant on bail on
following conditions. Hence, I pass following order.
ORDER
1. Criminal Bail Application No.381 of 2024 is allowed as under.
2. Applicant/accused Satyavan Ramnarayan Soni is released on
bail in Crime No.41/2024 for the offence punishable under
Section 381 of Indian Penal Code, registered with Pydhonie Police
Station, Mumbai, subject to conditions :
i) Applicant shall execute Personal Bond for a sum of Rs.25,000/with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall not misuse his liberty.
iv) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.

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Cri BA No.381/2024
v) Applicant shall furnish his detailed address and mobile number
to the investigation officer and the concerned court. In case
applicant changed his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
vi) Bail be furnished before learned trial court.
vii) Inform to the learned trial court.
Date : 21.02.2024.
(N.P. Tribhuwan)
Additional Sessions Judge,
CR.No.23, Gr. Mumbai.

Direct dictated on : 21.02.2024
Checked on
: 21.02.2024
Signed on
: 21.02.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.02.2024 at 5.30 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (with CR No.) HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.23)
Date of announcement of Order
21.02.2024
Order signed by P.O. on
21.02.2024
Order uploaded on
21.02.2024