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MHCC020063192024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1022 OF 2024
Sumit Raju Bodade
Aged – 20 years,
R/at : Nilkantheshwar Chawl, Anna Bhau
Sathe Nagar, Mankhurd, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Mankhurd
Police Station, Mumbai)
…Respondent
Appearance :Mr. S.C.Kewat, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 25th April, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

Ld. Advocate for the applicant submitted that police
arrested applicants in connection with C.R. No.103/24 for the offence
punishable under Sections 307, 326, 323, 504, 506(2) of IPC. It is
further contention of applicant that, he is falsely implicated in this case.

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Applicant has not committed the offences as alleged by informant.
Nothing is to be seized at the instance of applicant. Therefore, there is
no need of custodial interrogations of the applicant. It is contention of
applicant that, applicant is ready to co-operate with police. He is
permanent resident of Mumbai. Applicant is ready to abide any terms
and
conditions
by
imposing
this
Court.

Therefore,
custodial
interrogations of applicant is not necessary. Hence, he prayed for grant
of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that nature of offences is serious, there are specific
allegations about assault by fiber block. Applicant and informant are
residents in same locality. If applicant is released on bail there is
possibility of tempering of evidence of prosecution. Hence, prayed for
rejection of application.
4.

In view of submissions from both sides and as per
allegation in FIR, It is alleged by the informant that on 25.03.2024 at
about 8.00 pm informant and his friends came at Lallubhai compounds
at that time applicant had also come with his friends. While informant
was going, he accidentally hit the applicant. As the applicant got angry
with him for pushing by informant, applicant started abused to
informant. Informant beg pardon from the applicant, but applicant was
not ready to listen anything. Applicant firstly assaulted to informant by
fist blow and thereafter he assaulted by fiber block to the head of the
informant. The alleged weapon is seized by police during investigation.
Informant/injured is out of danger and discharged from Hospital. In
such circumstance nothing is to be seized at the instance of applicant.
Prima facie there is no record about sustained injury to informant which
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is likely to cause death. Hence, in such circumstances, I am of the
opinion that, further detention of applicant is not required. Therefore, I
pass following order :ORDER
1.

Criminal Bail Application No. 1022 of 2024 is allowed.

2.

Applicant/accused Sumit Raju Bodade be released on bail on
furnishing P.R. & S.B. of Rs.25,000/- along with one or more
sureties in the like amount in connection with C.R. No.103/2024
registered with Mankhurd police station.

3.

Applicant/accused
shall
attend
Mankhurd
Police
Station,
Mumbai, as and when required by Investigating Officer on notice.
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.

7.

Bail before learned Court below.

8.

Criminal Bail Application No.1022 of 2024 stands disposed of
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.25
16:45:53
+0530
accordingly.

Date : 25.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 25.04.2024
HHJ signed on
: 25.04.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Name of Stenographer
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5.30 p.m.

Mrs. Manasi M. Kadam
Name of the Judge (With Court
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A. A. KULKARNI (CR 22)
of
25.04.2024
JUDGMENT /ORDER signed by
P.O. on
25.04.2024
JUDGMENT /ORDER uploaded
on
25.04.2024