Mumbai Student Vivek Rajendra Gupta Granted Bail in Vehicle Theft Case Despite Prior Offenses

Mumbai, January 29, 2022 – Vivek Rajendra Gupta, a 19-year-old student, has been granted bail by the Sessions Court for Greater Bombay in a vehicle theft case. Additional Sessions Judge M.G. Deshpande (Court Room No. 16) issued the order on January 29, 2022.

Gupta was arrested in connection with C.R. No. 983/2021, registered at the Vakola Police Station, for offenses under Section 379 (theft) of the Indian Penal Code (IPC).

Background and Allegations:

On December 6, 2021, the complainant, Kumar Tanmay Ramesh Sawant, parked his Activa 4G scooter near Dutta Mandir Road. The following morning, he found the scooter missing and filed a police report. The investigating officer (I.O.) alleged that Gupta and his associate, Navrang Arun Pandit, were found in possession of the stolen scooter.

Arguments Presented:

Advocate Dinesh Yadav represented Gupta, while Additional Public Prosecutor (APP) Rashmi Tendulkar opposed the bail. The prosecution argued that Gupta had four prior criminal cases, was likely to repeat the offense, and might abscond.

Court’s Reasoning and Decision:

Judge Deshpande noted that the stolen scooter had been recovered, and Gupta had been in custody since December 15, 2021, including police custody remand. The court also observed that the remand applications indicated reasons similar to those provided by the I.O. to oppose the bail.

The court considered that Gupta was a young student at Chetna’s Hazarimal Somani College and had provided a copy of his identity card. The court acknowledged that while Gupta had other offenses registered against him, he had been granted bail in those cases.

The court concluded that keeping Gupta in custody indefinitely, when the investigation was nearly complete, was not justified. The court believed that imposing conditions could address the prosecution’s concerns.

Bail Conditions:

Gupta was granted bail upon executing a personal bond of Rs. 15,000 and a surety of the same amount. The following conditions were imposed:

  • Gupta must attend the Vakola Police Station once a week, every Monday, between 8:00 a.m. and 5:00 p.m., for 60 days.
  • He must not pressure prosecution witnesses, tamper with evidence, or abscond.
  • Gupta was granted provisional cash bail of Rs. 15,000 for four weeks, during which he must provide a surety.
  • Bail to be furnished before the Court of First Instance.

Order Details:

The order was signed on January 29, 2022, and uploaded on the same day.

This decision reflects the court’s consideration of the recovery of the stolen vehicle, Gupta’s student status, and the imposition of conditions to ensure his compliance with the legal process, despite his prior criminal record.