Mumbai, Maharashtra – August 1, 2022 – A Mumbai Sessions Court has granted bail to Abhishek Jitendra Kate, a 26-year-old accused of theft, but imposed stringent conditions due to his history of similar offenses. The court, presided over by Additional Sessions Judge Shri A.A. Kulkarni, granted bail after considering the circumstances of the case, including the recovery of the stolen property and the fact that the initial FIR was registered against unknown persons.

Kate was arrested in connection with Crime No. 631/2022, registered at Dadar Railway Police Station, under section 379 (theft) of the Indian Penal Code (IPC). The prosecution alleged that he had stolen a pocket, although the initial FIR did not name him as a suspect.

During the hearing, Kate’s advocate, Mr. Khalid Azmi, argued that his client had been falsely implicated in the case while in custody for another offense. He pointed out that the stolen property had already been recovered, and therefore, his further detention was unnecessary.

The prosecution, represented by Ld. APP Ms. Ratnavali Patil, opposed the bail application, highlighting that Kate was a habitual offender with six other cases registered against him at various police stations. They argued that his continued involvement in criminal activities warranted his detention.

Judge Kulkarni, after reviewing the submissions and the police report, acknowledged Kate’s criminal history. However, he also noted that the initial FIR was filed against unknown persons and that the recovery had already been made. He stated that since Kate’s guilt was yet to be proven in trial, his pre-trial detention would amount to punishment.

“In such circumstances, looking to the background of applicant, as he committed similar offence, he may be directed to furnish solvent surety with condition to attend Court for trial as well as his presence may be monitor by directing him to attend police station to avoid possibility of his absconding,” Judge Kulkarni stated in the order.

The court granted bail to Kate on a personal bond of Rs. 25,000, along with one or two sureties of the same amount, subject to the following conditions:

• He must attend Dadar Railway Police Station once a week until the conclusion of the trial.
• He must attend all trial proceedings without fail.
• He must provide his residential address proof and contact numbers to the Investigating Officer.
• He must not directly or indirectly influence or threaten any witnesses.
• He must not leave India without prior permission from the court.
• Bail must be furnished before the Ld. Court below.

This decision reflects the court’s effort to balance the presumption of innocence with the need to ensure public safety. By imposing strict conditions, the court aims to monitor Kate’s movements and ensure his cooperation with the legal process, while also acknowledging that his pre-trial detention should not be punitive.