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Criminal Bail Application No.91/2022
CNR NO. MHCC02-000478-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 91 OF 2022
IN
C.R. NO. 411 OF 2021
Mr. Aditya Subarai Mesta
Aged 23 years, Occupation:- Service
R/at Kammatehittal, Durga Keri Road
Honnavar, Dist.- Kaarvar, Karnataka
…Applicant
(Accused is in judicial custody)
Versus
State of Maharashtra
(At the instance of Santacruz Police
Station)
…Respondent
Appearances:
Advocate Mr. Sandeep D. Sherkhane for the applicant/Accused.
ADPP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 20th JANUARY, 2022.
:ORDER:
This is an bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”) for
grant of regular bail in connection with Crime No.411/2021 for the offence
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Criminal Bail Application No.91/2022
punishable under Sections 354(d), 504, 506(2), 509 and 500 of the Indian
Penal Code, 1860 (hereinafter referred to as “IPC”) registered with
Santacruz Police Station.
2.

Heard argument of learned counsel for accused and learned APP for
the State.
3.

Prosecution has alleged that accused since May 2020, from various
mobile numbers made call to informant and her parents and sent messages
in obscene language and through Facebook also sent obscene messages
and gave threats to kill informant and her boy-friend Nishant Kerure and
made dirty comments against informant on Facebook defaming her.
Therefore, FIR came to be lodged with police.
4.

Accused has contended that he is young boy of 23 years and not a
habitual offender. He has further contended that section 506(2) is not
attracted. He has further contended that informant and he are relatives of
each other and there was love affair, but family was against the same. He
has further stated that now the dispute is resolved and there is no
grievance against him and prayed to be released on bail.
5.

Prosecution has filed reply and stated that charge-sheet is to be filed
against accused and statement of witnesses are to be recorded and prayed
to reject bail application.
6.

Informant has filed one affidavit stating that she and accused are
relatives
and
due
to
misunderstanding
FIR
was
lodged
and
misunderstanding is settled between the parties amicably out of Court. She
has further stated that she has no objection if accused is released on bail.

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7.

Criminal Bail Application No.91/2022
It appears, accused is a young boy of approximately 23 years. The
alleged offence against accused is under sections 354(d), 506(2) and other
sections of IPC. There are no criminal antecedents of accused brought on
record. Informant has stated that she has no objection if accused is
released on bail. Hence, it appears that if accused is released on bail she is
under no fear. Considering the nature of offence and all these
circumstances it appears, no purpose is going to be served by keeping
accused behind the bar. Hence, it will be proper to release accused on bail
on some conditions. Applicant has prayed for provisional cash bail also.
Hence, pass following order:
ORDER
1.

Criminal Bail Application No.91 of 2022 is allowed.

2.

Accused viz. Mr. Aditya Subarai Mesta be released on bail on his
furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand
only), with one or more surety/sureties in the like amount, in C.R.
No.411/2021 for the offence punishable under Sections 354(d),
504 , 506(2), 509 and 500 of IPC registered with Santacruz Police
Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall co-operate with the investigation of Police.
(iv) 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 them from disclosing such facts to the court or
any police officer.
(v) He shall furnish his mobile number, phone number & his all
addresses
including permanent, temporary and postal to the
Investigating Officer and shall not change or discontinue with the
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Criminal Bail Application No.91/2022
mobile number provided to Investigating Officer till the conclusion
of the trial. Investigating Officer to submit such addresses to the
Court.
(vi) Accused viz. Mr. Aditya Subarai Mesta be released provisionally
on cash bail of Rs.25,000/- (Rupees Twenty Five Thousand Only)
for a period of 3 weeks from today.
3.

Criminal Bail Application No.91 of 2022 stands disposed of
accordingly.

Dt. 20.01.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 20.01.2022
: 20.01.2022
: 20.01.2022
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Criminal Bail Application No.91/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
21/01/2022 at 11.45 a.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 20/01/2022
Judgment/Order signed by P.O.on
20/01/2022
Judgment/Order uploaded on
21/01/2022
(Court