Mumbai, Maharashtra – February 16, 2022 – Ganesh Balu Nadar, accused of assault, has been granted bail by the Sessions Court for Greater Bombay. The court, presided over by Additional Sessions Judge Deepak L. Bhagwat, granted bail, citing discrepancies between the initial FIR and the complainant’s supplementary statement, and ordered Nadar to cooperate with the ongoing investigation.

Nadar was arrested in connection with Crime No. 1011 of 2021, registered at the Mulund Police Station, and was charged under sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach of the peace),¹ 506(2) (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code² (IPC).

Background of the Case:

The prosecution alleged that on October 29, 2021, Nadar abused and assaulted the complainant with a bamboo stick, causing a head injury. The incident reportedly stemmed from a dispute over urination.

Applicant’s Arguments for Bail:

Rao Ranjeet, representing Nadar, argued that there were contradictions between the FIR and the complainant’s supplementary statement. He also pointed out that the complainant was allegedly intoxicated at the time of the incident, that another accused had already been granted bail, and that the alleged weapon had been recovered.

Prosecution’s Objections:

Smt. Seema Deshpande, representing the State, argued that the complainant had clarified Nadar’s involvement in his supplementary statement and that the weapon had been recovered. She contended that there was a prima facie case against Nadar and that the investigation was ongoing.

Court’s Observations and Decision:

Judge Bhagwat noted the discrepancy between the FIR, which initially named Aditya Nadar as the assailant, and the supplementary statement, which named Ganesh Nadar (the applicant). The court acknowledged that this discrepancy, at this stage, favored the applicant. The court also considered that the weapon had been recovered, the complainant had been discharged from the hospital, and Nadar’s police custody had ended. The court concluded that there was no justification for further detention and that Nadar should be directed to cooperate with the investigation.

Bail Conditions:

The court granted bail to Nadar, subject to the following conditions:

• Nadar must furnish a Personal Bond (PB) of Rs. 20,000 and one or two solvent sureties of the same amount.
• Provisional cash security of Rs. 20,000 was allowed for one month in lieu of the surety bond.
• Nadar must attend the Mulund Police Station every Monday between 10:00 AM and 12:00 PM until the charge sheet is filed.
• Nadar must submit a list of at least three blood relatives with their detailed residential addresses and work addresses (if any), along with documentary proof.
• Nadar and his surety must inform the police and the trial court of any change in their residential addresses.
• Nadar must submit copies of at least two identity documents, such as a PAN card, Aadhaar card, ration card, electricity bill, voter ID, or property documents.
• The investigating officer must conduct physical verification of the residential address provided by Nadar.
• Nadar must not influence or threaten any witnesses or tamper with evidence.
• Nadar must not leave India without prior permission from the court.
• Conditions 5 to 8 must be complied with simultaneously with the furnishing of the cash security or the surety bond.
• The bail must be furnished before the Court of the Metropolitan Magistrate.

Outcome:

The court’s decision reflects a consideration of the discrepancies in the complainant’s statements and the progress of the investigation. The imposed conditions aim to ensure Nadar’s cooperation with the legal process and prevent any potential interference with the investigation or trial. The case highlights the court’s careful evaluation of evidence and procedural fairness in bail matters.