Mumbai, April 4, 2024 – Pradeep Shivsagar Mishra has been granted bail by the Additional Sessions Judge, Greater Mumbai, in connection with an assault and rioting case. Judge Dr. A.A. Joglekar (Court Room No. 37) issued the order on April 4, 2024.

Mishra was arrested in connection with C.R. No. 173/2024, registered at the Wadala T.T. Police Station. He was charged under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous¹ weapons or means), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation),² 427 (mischief causing damage to the amount of fifty rupees³ or upwards), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

Background and Allegations:

The case arose from an incident on March 12, 2024, where the complainant and his friend were allegedly assaulted following a dispute over pending taxi fare. The complainant alleged that Mishra, along with co-accused Rakesh Yadav, Nasim, and Zinat, came to his residence and assaulted him, his son, and his wife with weapons.

Arguments Presented:

Advocate Manoj R. Gowd, representing Mishra, argued that his client was falsely implicated and had no specific role in the assault. He contended that the charges under Sections 307 and 326 of the IPC were not applicable, given Mishra’s limited involvement. He also highlighted that Mishra was a neighbor of the complainant and that the injured parties were discharged from the hospital on the same day.

Additional Public Prosecutor (APP) Abhijeet Gondwal opposed the bail, citing the seriousness of the offense, the absconding co-accused Nasim, and the possibility of Mishra aiding him. The prosecution also expressed concerns about witness tampering and absconding.

Court’s Reasoning and Decision:

Judge Joglekar, after reviewing the FIR and the prosecution’s reply, noted that Mishra’s role was primarily limited to hurling abuses along with the co-accused. The court found that the charges under Sections 307 and 326 of the IPC were not prima facie attracted in Mishra’s case.

The court also considered that Mishra had no prior criminal record and that the criminal antecedents of the co-accused could not be a ground for denying his bail. The court emphasized that the primary issue was whether a prima facie case existed, without conducting a detailed examination of the prosecution’s merits.

Considering the arguments, Judge Joglekar found that the dispute was primarily between the complainant and co-accused Rakesh and Zinat. He concluded that Mishra’s presence with the co-accused did not automatically imply his involvement in the assault.

Bail Conditions:

Mishra was granted bail upon furnishing a personal bond of Rs. 30,000 with one or two sureties of the same amount. The following conditions were imposed:

• Mishra and his sureties must provide their residential addresses, mobile numbers, and email addresses.
• Mishra must not directly or indirectly influence or threaten any witnesses.
• Mishra must not tamper with prosecution evidence.
• Mishra must attend the Wadala T.T. Police Station every Tuesday and Friday between 11:00 a.m. and 4:00 p.m. until further order.
• Mishra must surrender his passport or provide an affidavit stating he does not have one.
• Mishra must not leave India without permission from the court.
• Breach of any condition will result in the cancellation of his bail.

Order Details:

The order was dictated, transcribed, and signed on April 4, 2024. The certified copy was uploaded on the same day at 5:45 p.m.

This decision reflects the court’s consideration of the specific role attributed to the accused, the absence of prior criminal record, and the imposition of stringent conditions to ensure compliance with the legal process.