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B.A.314/24
MHCC020022472024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.314 OF 2024
Vishal Sarichand Rathod,
Aged 38 years,
Add : R.No.104, Mhan Plam Building,
Katrap Gaon, Badlapur (E),
Dist. Thane,
….Applicant
– Versus The State of Maharashtra
(At the instance of Dadar Railway
Police Station Mumbai
C.R.No.37/2024)
.… Respondent
Appearance :Adv. Arun Mokal for the Applicant/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 16/02/2024
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.37/2024 registered at Dadar Railway Police Station
Mumbai for the commission of offences punishable u/sec.170, 419,
468, 471 of The Indian Penal Code and Section 147 of Indian Railway
Act.

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2.

B.A.314/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The applicant is in custody
since 10.01.2024, he has fully co-operated to the investigating officer.
He has undergone custodial interrogation. Nothing is to be seized or
recovered from the possession of the accused. The applicant / accused is
permanent resident of his given address. Therefore, there is no point in
keeping accused behind bars till conclusion of trial. Therefore he prayed
for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. There is
material against the applicant / accused. If accused is released on bail
he will flee away from the justice. There is material evidence to show
the involvement of the accused in the present crime. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of 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 Amit Thakur, Railway
Travelling Ticket Inspector lodged report that on 10.01.2024 when he
was checking railway tickets of the passengers at Dadar railway station,
the applicant / accused who was travelling in a train alighted at said
railway station. The informant asked him for the travelling ticket. He
informed that he is officer of NIA. When his identification was verified
and he was asked to show his Identity Card, he showed one Identity
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B.A.314/24
Card of NIA, it was photo copy. It was revealed that said Identity Card is
false and fabricated therefore, report is lodged and offence is registered.
6.

The applicant / accused has been arrested on 10.01.2024.

The allegation against the accused is that he was travelling without
ticket and used forged Identity Card. The Identity Card is already
recovered. For verification and investigation related to the Identity
Card, the custodial interrogation of the accused will not be required.
Since more than one month the applicant / accused is behind bars.
Further incarceration is not necessary. Pendency of other cases can not
be ground of rejection of the bail. The prosecution has not shown that
the accused is convicted in any of the cases. The presence of accused
can be secured by putting reasonable conditions as to attendance.
Hence, I pass the following order :
ORDER
1.

Criminal Bail Application No.314 of 2024 is allowed.

2.

The Applicant / Accused Vishal Sarichand Rathod, arrested in
C.R.No.37/2024 under Section 170, 419, 468, 471 of The Indian Penal
Code and Section 147 of Indian Railway Act, registered with Dadar
Railway Police Station Mumbai 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 regularly attend the concern police
station on every Saturday of each month between 11.00 a.m. to 2.00
p.m. 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
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B.A.314/24
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.

8.

Criminal Bail Application No.314 of 2024 is disposed of
accordingly.
Date : 16/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 16.02.2024
: 17.02.2024
: 27.02.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.314/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
29/02/2024
5.25 p.m.

UPLOAD DATE
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 16/02/2024
ORDER signed by P.O. on
27/02/2024
ORDER uploaded on
29/02/2024