Mumbai, India – January 23, 2024 – Vishal Anil Madye, accused of attempted murder and assault with a knife, has been denied bail by a Mumbai Sessions Court. Additional Sessions Judge S.M. Tapkire, presiding over Court Room No. 60, rejected Madye’s bail application in Criminal Bail Application No. 10 of 2024, citing the serious nature of the allegations and the ongoing investigation.

Madye was arrested in connection with C.R. No. 656 of 2023 registered at Ghatkopar Police Station, facing charges under Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 341 (wrongful restraint), 504 (intentional insult with intent to provoke breach of the peace) read with 34 (acts done by several persons in furtherance of common intention)¹ of the Indian Penal Code (IPC), as well as Sections 4 and 25 of the Arms Act, 1959, and Sections 37(1)(A) and 135 of the Maharashtra Police Act, 1951.

The Alleged Assault and Dispute:

According to the prosecution, on December 11, 2023, at approximately 1:00 a.m., Madye and his accomplice, Vikas Prajapati, were allegedly consuming liquor in the middle of Ganesh Chowk, Golibar Road, Ghatkopar (West). When the complainant, Sahil Anil Patwa, and his friend Ayush Gupta attempted to pass by on a motorcycle, Madye and Prajapati allegedly stopped them and threatened them.

When Patwa asked for an explanation, Madye allegedly pulled out a knife and attacked him, inflicting injuries on his abdomen, chest, and left arm. When Gupta tried to intervene, Madye allegedly punched him in the nose. Madye and Prajapati also allegedly assaulted Harsh Gupta and his father, Vinod Gupta, with the same knife. All four victims sustained injuries and were taken to the hospital.

Defense Arguments:

Madye’s defense denied all allegations, claiming he was falsely implicated. They argued that Patwa and his companions had assaulted Madye without cause and fabricated the incident. They emphasized that the alleged weapon, a knife, had already been recovered, and the co-accused had been arrested. They also argued that the injuries sustained by the victims were not serious.

Prosecution Objections:

The prosecution strongly opposed the bail, arguing that Madye and Prajapati had been consuming liquor in the middle of the road and had attacked the victims with a knife without provocation. They highlighted the medical evidence, which corroborated the victims’ claims of knife injuries. They also argued that the investigation was still ongoing and that releasing Madye could hinder the process.

Court’s Reasoning and Decision:

Judge Tapkire, after considering the arguments and evidence, rejected Madye’s bail application. The court noted the serious allegations against Madye, including attempted murder, and the medical evidence supporting the victims’ claims of knife injuries.

“The injury certificate of all the four victims are clarifying they have caused sustained injuries by the alleged weapon. The involved alleged weapon sharp edged knife is discovered and seized at the instance of applicant,” Judge Tapkire stated in his order.

The court also emphasized that the investigation was at a nascent stage and that further investigation was required.

“The record itself shows the investigation of impugned crime at nascent stage, as well as against the applicant with regard to his involvement active participation and attribution of specific clear role considerable cognizable allegations grievance are raised,” Judge Tapkire observed.

The court concluded that releasing Madye at this stage would not be appropriate.

Implications:

This case highlights the court’s stringent approach towards serious offenses like attempted murder, especially when medical evidence supports the victims’ claims. The court’s decision also underscores the importance of considering the stage of the investigation when deciding on bail applications. This case emphasizes that when serious allegations are made, and the investigation is still ongoing, that bail is unlikely to be granted.