CNR No.

MHCC02­001036­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.210 OF 2022
Vivek Rajendra Gupta,
Age – 19 year,
R/o – Dimlo Compound, Near Hari Om
Medical Near Ram Mandir, Dattamandir
Road, Vakola, Santacruz (E), Mumbai
…
Applicant
Versus
The State of Maharashtra
(At the instance of Police Station,
Vakola,
C.R.No.1009/2021)
…
Respondent
Appearance:
Mr. Dinesh Yadav, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
January 29, 2022
ORDER
1.

Applicant Vivek Rajendra Gupta is accused in C.R.

No.1009/2021 registered with Vakola Police Station under Sec. 379 of
I.P.C. He is praying for bail. Prosecution opposed the same, contending
that, there are four offences registered against the applicant and his
associates Navrang Arun Pandit. That, history of the accused is being
examined.

That, there is possibility of repetition of crime and
absconding. With this, it is contended to reject the application.

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BA No.210/2022
2.

Heard Ld. Adv. Dinesh Yadav for the applicant and
Ld. A.P.P. Mrs. Rashmi Tendulkar. Following points arise for my
determination.

I am recording following findings thereon for the
reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.1009 OF 2021
3.

Shrikant Tukaram Kadvalkar lodged report alleging that,
he used to park his motorcycle bearing MH02­ET­8841 near BMC office,
Old Anand Nagar, Santacruz (E), Mumbai. Accordingly he had parked
the same from some days at the said place. He used to visit the said
spot every day to check whether motorcycle is there or not.

On
12.12.2021 at 09.00 a.m. as usual he visited the said parking place but
found that his motorcycle was not at the place where it was parked. On
further inquiry he could not get any clue, therefore, lodged FIR. These
are the facts.
4.

It is contention of the I.O. that, the present applicant along
with Navrang Arun Pandit were found possessing the said Activa scooter
at D’mello Compound, near Hari Om Building and Ram Mandir. There
are four crimes registered against the applicant and his associate. Ld.
Court of first instance rejected the application noting the antecedents
and holding the accused habitual. He also held that, if the accused is
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BA No.210/2022
released on bail he will indulge in similar activities and flee from the
justice.
5.

It is material to note that, accused was arrested on
15.12.2021 and initially undergone police custody remand. Admittedly
the stolen Activa scooter had been recovered. It is material to note that
Remand Application dt.29.12.2021 and 11.01.2022 indicate four
reasons which are similar to the reasons mentioned by the I.O. to
oppose the present bail application.

Admittedly, stolen scooter is
recovered and sufficient time has been consumed by the I.O. to
investigate the crime.

Accused is young and student of Chetna’s
Hajarimal Somani College, Bandra (E). He has filed copy of his identity
card. In my opinion even if he is involved in other offences, he was
already released on bail for the said offences. Keeping the accused
behind bars for endless period, when investigation is almost over, is not
justified. If certain conditions are imposed on accused the objections
raised by the I.O. can be safeguarded. Therefore, I hold that accused
has made out strong prima­facie case. Hence, Point No.1 is answered in
the affirmative and following order is passed :­
ORDER
1.

Bail Application No.210 of 2022 is allowed.

2.

Applicant Vivek Rajendra Gupta be released in
C.R.No.1009/2021 of Vakola Police Station on bail by
executing his PR bond of Rs.15,000/­ and surety of like
amount, on following conditions,
i)
Applicant shall attend Vakola Police Station once in a
week on every Monday at any time between 08.00 a.m.
to 05.00 p.m. and maintain its record for 60 days.

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BA No.210/2022
ii)
Applicant shall undertake not to pressurize the
prosecution witnesses, not to tamper with the evidence of
prosecution and not to abscond.

3.

Applicant be released on provisional cash security of
Rs.15,000/­ for a period of four weeks with all other
conditions as mentioned above.

4.

Bail before Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 29.01.2022
Signed on
Digitally signed
by MADHAV
GOPAL
DESHPANDE
Date: 2022.01.29
16:32:27 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 29.01.2022
BA No.210/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”
29.01.2022
at
hours
UPLOAD DATE AND TIME
Name of the Judge
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
Date of pronouncement of judgment/order
29.01.2022
Judgment/order signed by P.O. on
29.01.2022
Judgment/order uploaded on
29.01.2022