Mumbai, February 9, 2024: In a significant ruling, the Mumbai Sessions Court has granted bail to Ajay Kailas Dhumal, a 20-year-old laborer from Ghatkopar, who was arrested in connection with a violent assault case. The bail was granted by Additional Sessions Judge S.M. Tapkire (C.R. 60) in Criminal Bail Application No. 254 of 2024. Dhumal had been in judicial custody at Thane Central Prison since November 16, 2023.
Case Background
The case stems from an alleged violent altercation that took place on November 12, 2023, at around midnight. According to the First Information Report (FIR) filed at Ghatkopar Police Station under Crime Report No. 576/2023, the complainant, Rahul Rakesh Singh, claimed that the accused, along with multiple accomplices, assaulted him using deadly weapons.
The FIR states that Singh’s brother and his companions had earlier assaulted one of the co-accused, Avinash Rajkumar Gaikwad. Following this, Singh attempted to assist Gaikwad by taking him to a hospital for medical treatment. However, he was allegedly attacked by Dhumal and other accused individuals. The prosecution claims that Dhumal wielded a sword and struck Singh on the head, while other co-accused used wooden rods and bamboo sticks, resulting in serious injuries.
Charges and Prosecution’s Opposition to Bail
Dhumal was booked under multiple sections of the Indian Penal Code (IPC), including:
- Section 307 (Attempt to murder),
- Section 326 (Voluntarily causing grievous hurt by dangerous weapons or means),
- Sections 324 and 323 (Causing hurt),
- Sections 143, 144, 147, 148 (Unlawful assembly and rioting),
- Sections 504 and 506 (Intentional insult and criminal intimidation).
Additionally, he was charged under:
- Sections 4 and 25 of the Arms Act, 1959, for possession and use of a weapon,
- Sections 37(1)(A) and 135 of the Maharashtra Police Act, 1951, for violating prohibitory orders.
The prosecution strongly opposed Dhumal’s bail plea, arguing that he and his accomplices had created a reign of terror in the vicinity. They contended that the main accused, Bhavesh Gade, and some unidentified individuals were still at large. The State also claimed that granting bail could lead to witness intimidation and potential tampering with evidence.
Defense’s Argument
Defense counsel P.B. Patil countered these claims, asserting that Dhumal was falsely implicated in the case. He highlighted that:
- The alleged weapon (sword) and Dhumal’s clothes had already been recovered and seized.
- The informant did not sustain life-threatening injuries.
- Co-accused Avinash Gaikwad and a juvenile had already been granted bail.
- The investigation had substantially progressed, and keeping Dhumal in custody was unwarranted.
Court’s Decision
After reviewing the case records, including submissions from both parties, the Sessions Court ruled in favor of granting bail. Judge Tapkire noted that:
- Dhumal had already spent considerable time in custody since November 16, 2023.
- The prosecution had ample time to conduct a detailed investigation.
- Significant evidence, including medical reports and forensic material, had already been collected.
- The presence of other unidentified accused would require additional time for investigation.
The court deemed it appropriate to grant bail while imposing strict conditions to ensure a fair trial.
Bail Conditions
Dhumal’s bail was approved under the following conditions:
- He must furnish a personal recognizance (P.R.) bond of ₹1,00,000 with one or two solvent sureties.
- He must not tamper with prosecution witnesses or evidence.
- He must report to Ghatkopar Police Station every Saturday between 11:00 a.m. and 5:00 p.m. until the charge sheet is filed.
- He must attend all court proceedings without fail.
- He must not engage in any criminal activity.
- He cannot leave India without prior permission from the trial court.
- He must provide proof of residence and contact details to the police.
- He must comply with all conditions set by the trial court regarding surety verification.
Conclusion
While the court’s decision offers temporary relief to Dhumal, the case continues to be under active investigation. The prosecution is expected to file a charge sheet in the coming weeks, and the trial will proceed as scheduled. Law enforcement officials are still pursuing other accused individuals involved in the crime.
This case highlights the judiciary’s careful balancing act—ensuring individual rights while upholding the interests of justice. Whether this bail decision will impact the overall proceedings remains to be seen as the case unfolds in the Mumbai Sessions Court.