Mumbai, August 26th, 2022 – The Sessions Court for Greater Bombay has granted bail to Anil Gaikwad, a 37-year-old resident of Mankhurd, who was arrested in connection with the theft of two gold bangles. The court, presided over by Additional Sessions Judge Anand P. Kanade, allowed the bail application, citing the lack of recovery of the stolen items and the completion of the police custody period.

Gaikwad was arrested in connection with C.R. No. 439 of 2022, registered at the Kalachowki Police Station, involving charges under Section 381 of the Indian Penal Code (theft by clerk or servant of property in possession of master).

According to the prosecution, the complainant, Ghanshyam Nana Shendkar, hired Gaikwad for household work on June 3rd, 2022. On June 16th, 2022, Shendkar’s mother was matching her jewelry in the hall of their residence. She later realized that two gold bangles were missing. Gaikwad was allegedly working in the hall at the time. When Shendkar and his parents returned from a trip on June 22nd, they discovered the bangles were missing and noticed Gaikwad was absent from work. Upon questioning, Gaikwad provided evasive answers, leading Shendkar to suspect him of the theft.

Gaikwad was arrested on July 7th, 2022, and remained in police custody until July 11th, 2022. He subsequently filed a bail application, arguing that he was falsely implicated, there was a delay in filing the FIR, and no recovery of the stolen bangles was made from him. He also cited his family’s dependence on him.

The prosecution opposed the bail, citing the possibility of Gaikwad re-offending and the ongoing investigation.

Judge Kanade, in his order, noted that Gaikwad’s police custody period was over, and no recovery was made from him during that time. He also emphasized that the offense was triable by a Metropolitan Magistrate and that no grounds were presented for Gaikwad’s further detention.

“During the custody of applicant, there is no recovery at his instance. The offence is exclusively triable by Metropolitan Magistrate. No ground is made out for further detention of the applicant,” Judge Kanade stated.

Consequently, the court granted bail to Anil Gaikwad, subject to the following conditions:

• Personal Bond (PB) and Surety Bond: Gaikwad must execute a PB of Rs. 15,000/- and provide one or two solvent sureties of the same amount.
• Provisional Cash Security: Gaikwad is permitted to provide a cash security of Rs. 15,000/- for one month in lieu of the surety bond.
• Police Attendance: He must attend the Kalachowki Police Station every Monday between 10:00 AM and 12:00 PM until the chargesheet is filed.
• Relative and Work Addresses: He must submit a list of at least three blood relatives with their detailed residential and work addresses, along with documentary proof.
• Address Updates: He and his surety must inform the police and the court of any changes in their residential addresses.
• Identification Documents: He must submit copies of at least two identification documents, such as a PAN card, Aadhaar card, ration card, electricity bill, voter ID, or property documents.
• Address Verification: The Investigating Officer will conduct physical verification of the provided residential addresses.
• No Influence on Witnesses: He must not influence or threaten any witnesses or tamper with evidence.
• Travel Restrictions: He must not leave the territorial limits of Mumbai without prior court permission.
• No Similar Offenses: He must not commit any similar offenses while on bail.
• Document Submission: Conditions regarding document submission must be complied with alongside the provision of cash security or the surety bond.
• Bail Before Magistrate Court: Bail is granted before the Metropolitan Magistrate Court.

The court’s decision highlights the importance of recovery in theft cases and the consideration of the accused’s cooperation during police custody. The Kalachowki Police Station will continue its investigation and file a chargesheet.