Mumbai, April 24, 2024 (Suburban Reporter): The Additional Sessions Judge, Shri A.S. Salgar, at the Court of Sessions for Greater Mumbai, has granted bail to Kuldeep Gupta, an accused in connection with an assault case registered at the R.C.F. Police Station under C.R. No. 133/2024. Gupta, identified as a student with no prior criminal record, was facing charges under Sections 323 (voluntarily causing hurt), 326 (voluntarily causing grievous hurt by dangerous weapons or means), and 504 (intentional insult with intent to provoke breach of the peace) of the¹ Indian Penal Code (IPC).

The bail application, No. 928 of 2024, was heard on April 22, 2024, with Advocate Mr. Sunny Singh appearing for the applicant/accused and Ld. APP Ms. Geeta Sharma representing the Respondent/State.

In his submission, Advocate Singh argued that his client was innocent and had been falsely implicated in the crime. He emphasized Gupta’s student status and lack of any criminal background. He assured the court that Gupta was prepared to adhere to all terms and conditions imposed. Furthermore, he pointed out that no incriminating material had been recovered from Gupta and that his continued detention would serve no purpose.

The prosecution, represented by Ld. APP Ms. Sharma, strongly opposed the bail application. The Investigation Officer, in his reply (Exh. 2), highlighted the grievous injury sustained by the complainant. He argued that since both the complainant and the accused resided in the same locality, granting bail could lead to the accused tampering with prosecution witnesses. The prosecution urged the court to reject the bail application.

After hearing both sides and perusing the application and the Investigation Officer’s reply, Additional Sessions Judge Shri Salgar noted the allegations in the FIR. According to the FIR, the applicant/accused allegedly abused and assaulted the complainant with fist blows before lifting a stone and throwing it, which struck the complainant on the head, causing injury. The court also acknowledged the seizure of the stone from the scene, as mentioned in the Investigation Officer’s reply. However, it was noted that nothing had been recovered at the instance of the applicant/accused.

The court observed that the investigation appeared to be substantially complete. The Investigating Officer had already recorded statements of witnesses, drawn the spot panchanama, seized the stone, and collected the complainant’s medical certificate. Considering this, the court opined that further detention of the accused was unwarranted.

Furthermore, the court took note of the fact that the complainant had been discharged from the hospital and was out of danger. The alleged offenses were also deemed triable by the Ld. Metropolitan Magistrate. The applicant’s willingness to abide by any conditions imposed by the court and his lack of criminal antecedents were also considered favorably. The court concluded that releasing the accused on regular bail with certain conditions would be appropriate.

Based on these considerations, the court passed the following order:

1. Criminal Bail Application No. 928 of 2024 filed by the Applicant/accused, Kuldeep Gupta, is allowed.
2. The applicant/accused, Kuldeep Gupta, residing at Post Khuthan, Dist. Jaunpur, Uttar Pradesh, 22304, shall be released on regular bail upon furnishing a Personal Recognizance (P.R.) Bond of ₹25,000/- along with one or more sureties of the like amount in connection with C.R. No. 133/2024 registered with R.C.F. Police Station for the offenses punishable under Sections 323, 326, and 504 of the IPC, subject to the following conditions:
   • The applicant/accused is directed to attend the concerned police station every Sunday between 11:00 a.m. and 01:00 p.m. until the filing of the charge-sheet.
   • The applicant/accused is directed not to commit similar types of offenses.
   • The applicant/accused and his sureties shall provide their respective residential addresses, mobile numbers, and email addresses (if any) to the investigation officer. The applicant/accused shall immediately inform the investigation officer of any change in address, telephone number, or Email ID.
   • The applicant/accused should not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing the facts to the Court or any Police Officer and should not tamper with the evidence and prosecution witnesses.
   • The applicant/accused shall not leave India without the prior permission of the Ld. Trial Court.
   • Any breach of these conditions by the applicant/accused shall result in the cancellation of bail.
3. Provisional cash bail of ₹25,000/- is allowed to the applicant/accused for a period of 4 weeks from the date of release to furnish surety.
4. Bail shall be furnished before the Ld. Trial Court.
5. Criminal Bail Application No. 928 of 2024 stands disposed of accordingly.

The order was dictated and pronounced in open court on April 22, 2024, and subsequently signed and uploaded on April 23, 2024, by Additional Sessions Judge Shri A.S. Salgar (C.R. No. 24) in Greater Mumbai. This decision provides temporary relief to the student accused while the legal proceedings continue.