Mumbai, Maharashtra – April 29, 2022 – Anil Kumar @ Manoj Kumar Mishrilal Rajbhar, accused in a house trespass and theft case, has been denied bail by the Sessions Court for Greater Bombay. Additional Judge G.B. Gurao (C.R. 17) rejected Criminal Bail Application No. 807 of 2022, related to C.R. No. 89/2021 registered with Chunabhatti Police Station.
Rajbhar was arrested and charged under Sections 380 (theft in dwelling house) and 454 (lurking house-trespass or house-breaking in order to commit offense punishable with imprisonment) of the Indian Penal Code (IPC).
Case Background:
The complainant reported that his house was broken into while he and his wife were away at their native place in Alibaug. His neighbor, Palak Vyas, also reported a similar break-in at his residence. Gold, silver ornaments, and cash were stolen from the complainant’s house.
During the investigation, police arrested Rajbhar and recovered 700 grams of gold jewelry from him. The total reported stolen items included 807 grams of gold ornaments, ₹43,000 in cash, and silver ornaments.
Arguments and Court’s Reasoning:
Rajbhar’s counsel, Adv. Shahid Iqbal, argued that his client was innocent and that the stolen property had been recovered. He emphasized that the major part of the investigation was complete and that Rajbhar’s custodial interrogation was no longer necessary. He also stated that Rajbhar was willing to abide by any conditions imposed by the court.
The prosecution, represented by APP Ramesh Siroya, opposed the bail, stating that the offense was serious and that Rajbhar was a habitual offender. They argued that if released on bail, he would likely abscond.
The court, after reviewing the FIR and the investigation details, noted that a significant amount of gold jewelry was recovered from Rajbhar. The court also highlighted that Rajbhar had nine prior cases registered against him at various police stations in Mumbai, indicating a pattern of house trespass and theft.
“It also appears that in all total 9 offences are registered against the accused in various police station in Mumbai. Thus, modusoperandi of the accused is to make house trespass and commit the theft. Therefore, considering the facts and circumstances of the case, if the accused is released on bail, there is every possibility that he will committ similar type of offences. So he is not entitled for the bail,” Judge Gurao stated.
Decision:
Judge Gurao rejected Rajbhar’s bail application, concluding that his prior criminal record and the nature of the offense indicated a high likelihood of him committing similar offenses if released on bail.
The certified copy of the judgment was issued on April 29, 2022. This decision highlights the court’s consideration of the accused’s criminal history and the potential for recidivism when denying bail in a property crime case.