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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1627 OF 2022
CNR NO. MHCC02­008832­2022
Subir Alok Dhar
Age: 52 years, Occ. : Service,
R/at : B­404, Abhishek Apartment,
Juhu Versoa Link Road, Opp. HDFC Bank,
Andhri (E), Mumbai – 400 053.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Pydhonie police stn.)

…Respondent/State
Appearances :­
Ms. Neetu Singh, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 15TH JULY, 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 Pydhonie police in connection with Crime No.698/2022 for
the offence punishable under Sections 323, 342, 364(A), 384, 387, 34
of IPC. It is his contention that one Irshad Abdul Nabi Qureshi and
Jignesh Shah were doing business of readymade garment. Due to loss,
business was closed. Jignesh Shah used to looking after financial
transactions. After closure of the business, informant was not having
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idea about payment of others. There was due of Rajesh Gada towards
informant and Jignesh Shah of Rs.11,00,000/­. There was delay in
payment of that amount. Informant started his new business at Kazi
Street, Mumbai. It is alleged by informant that on 12.04.2022 applicant
called him and asked to pay amount of Rajesh. On failure, threatened to
abduct him. Thereafter, applicant sent message via Whats­up to
informant. On same day at about 7.30 p.m. Jignesh Shah came to
informant and stated that applicant is threatened him by calling him on
mobile phone. He also threatened to kidnap and murder him. On
13.04.2022 Jignesh Shah informed that applicant taken him to ITC
Grand Maratha Hotel, 16th Floor, Room No.1683. Jignesh Shah further
informed that he taken Rajesh Gada to the hotel. Thereafter, applicant
assaulted him and wrongfully restrained. Therefore, Jignesh Shah called
his wife and informed that he is kidnapped by applicant and asked to
bring gold from their house. She brought it. At about 8.00 p.m. Jignesh
Shah informed informant that he is released by applicant. It is alleged
by the informant that applicant kidnapped Jignesh Shah and extorted
gold. It is contended by applicant that he is not played any role as
alleged by informant. He just medicated between transaction of Jignesh
Shah and informant with Rajesh Gada. Jignesh Shah himself given his
gold to Rajesh Gada in lieu of due amount. It is further his contentions
that FIR is lodged by informant after laps of considerable period i.e. on
31.05.2022. Hence, it is his contention that applicant is falsely
implicated by informant. It is also his contention that though as per the
allegations of informant, Jignesh Shah is kidnapped and extorted by
applicant, Jignesh Shah don’t come forward to lodge report against
applicant. It is on record that Rajesh Gada was owing money from
informant and Jignesh Shah. Therefore, prima facie allegations of
informant are false and with ulterior motive. It is further contended that
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during investigation, police seized amount of Rs.4,66,500/­ from
applicant. Nothing is remained to be recovered. Therefore, there is no
need of further detention of applicant. Hence, prayed for grant of bail.
3.

Ld. APP filed say Exh.2 and opposed application on the
ground that offence is committed by applicant by making conspiracy. If
the applicant is released on bail, there is possibility of tampering of
witnesses. Statement of independent witnesses are yet to be recorded.
Therefore, prayed for rejection of the application.
4.

In view of submissions from both the sides and perusal of
documents filed on record, it is clear that there was business
transactions between informant, Jignesh Shah and applicant. Informant
was owing amount of Rs.11,00,000/­ to applicant. Jignesh Shah was
knowing all the transactions. Though informant alleged that Jignesh
Shah was kidnapped by applicant, there is no statement of Jignesh Shah
to that extent. The alleged amount in view of gold is seized by police.
Nothing is remained to be seized at the instance of applicant. In such
circumstances, I am of the opinion that in view of delay in lodging of
FIR, absence of statement of Jignesh Shah and business transactions,
possibility of false implication due to business dispute cannot be ruled
out. As the material investigation is completed, amount is seized,
therefore, there is no need of detention of applicant for indefinite
period. Hence, in such circumstances, I am of the opinion that applicant
is entitled to be released on bail. For the purpose of protection of
interest of prosecution, conditions may be imposed on applicant. Hence,
I passed the following order :­
ORDER
1.

Criminal Bail Application No.1627 of 2022 is allowed.

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2.

Applicant/accused Subir Alok Dhar be released on bail on his
furnishing P.R. Bond of Rs.25,000/­ along with one or two
sureties of like amount in connection with C.R. No.698/2022
registered with Pydhonie police station.

3.

The applicant/accused shall attend Pydhonie police station on
written notice of Investigating Officer.

4.

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

5.

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.

6.

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

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Bail before Ld. Court below.

8.

Criminal Bail Application No.1627 of 2022 stands disposed of
accordingly.

Date : 15.07.2022
Dictated on
: 15.07.2022
Transcribed on : 15.07.2022
HHJ signed on : 15.07.2022
[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
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Name of Stenographer
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Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 15.07.2022
JUDGMENT /ORDER signed by 15.07.2022
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