Mumbai, May 1, 2024 (Local Crime Desk): Prathmesh Janardhan Vengurlekar (24), a driver, and Vaibhav Sangle (26), a delivery boy, both residents of Karvenagar, Kanjurmarg (East), have been granted bail by the Designated Court under the Maharashtra Protection of Interest of Depositors (MPID) Act, at the City Civil & Sessions Court in Mumbai. The order, dated April 30, 2024, was issued by Her Honour Judge Aditee Uday Kadam in Bail Application No. 896 of 2024, connected to C.R. No. 74 of 2024 registered at the Kanjurmarg Police Station.

The two applicants were arrested in connection with an incident reported on March 25, 2024, where they were accused along with others of assaulting and abusing a resident of their society. The charges levied against them included Sections 325 (voluntarily causing grievous hurt), 326 (voluntarily causing grievous hurt by dangerous weapons or means), and 504 (intentional insult with intent to provoke breach of the peace)¹ read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code² (IPC), 1860.

The prosecution, represented by Ld. SPP Seema Deshpande, had opposed the bail application by filing a reply (Exhibit No. 02).

Narrative of the Alleged Incident:

According to the police report lodged by the informant, residents of the society in Kanjurmarg had issues with the accused and other individuals who allegedly used to consume liquor near the society gate. This led to society members frequently calling the police. The informant stated that these individuals harbored a grudge against the society members and would often abuse them without provocation. On March 25, 2024, a quarrel erupted between the informant and the accused, including Vengurlekar and Sangle. During the altercation, the informant was allegedly beaten with a beer bottle, resulting in a bleeding injury. The informant’s son also sustained an injury when one of the accused allegedly bit him. The FIR was subsequently lodged on the same day, March 25, 2024.

Arguments and Court Observations:

Ld. Advocate Harshali Bhavsar appeared for the applicants, arguing for their release on bail. The court heard the arguments from both sides, including the Ld. SPP for the prosecution and the Investigating Officer.

Upon perusal of the case records, Judge Kadam noted that the FIR was lodged promptly on the day of the incident, and the applicants were arrested on the same day, March 25, 2024. The court also acknowledged that one of the accused had initially absconded but had since surrendered.

A significant point noted by the court was the absence of a produced injury certificate on record to prima facie substantiate the charges of grievous hurt (Sections 325 and 326 of IPC) leveled against the accused. The court also observed that the applicants had been in custody since their arrest on March 25, 2024, and that no further recovery or discovery was pending from them.

Furthermore, the Ld. Advocate for the applicants brought to the court’s attention (via pursis Exh. 05) that the investigation in the case was now complete and the charge-sheet had been filed. This development was crucial, as it indicated that the physical custody of the applicants was no longer required for custodial interrogation.

Advocate Bhavsar also submitted that both applicants had no prior criminal antecedents and were willing to abide by any conditions imposed by the court. She further highlighted that the wife of applicant no. 1, Prathmesh Vengurlekar, was pregnant, and he was the sole breadwinner of his family. Both applicants were described as young individuals.

Considering all these aspects, Judge Aditee Uday Kadam was of the view that the bail application should be allowed with certain conditions.

The Court’s Order:

1. Bail Application No. 896 of 2024 is allowed and disposed of.
2. Applicants Prathmesh Janardhan Vengurlekar and Vaibhav Sangle are to be released on bail in connection with C.R. No. 74 of 2024 registered at Kanjur Marg Police Station, upon furnishing a Personal Recognizance (PR) bond of ₹50,000/- (Rupees Fifty Thousand only) each, with one or more sureties of the like amount.
3. The Applicants are permitted to furnish provisional cash bail of ₹50,000/- (Rupees Fifty Thousand only) each for a period of three months.
4. The Applicants are directed not to enter the area/vicinity where the informant/injured resides until the end of the trial.
5. The Applicants are to make surety compliance before the concerned Court.
6. The applicants shall make themselves available for interrogation by the Investigating Officer as and when required under written intimation and shall mark their presence at the concerned police station every Saturday and Sunday between 11:00 a.m. to 1:00 p.m. for a period of two months from the date of this Order.
7. The Applicants shall not tamper with the prosecution evidence or pressurize the prosecution witnesses in any manner.
8. The Applicants shall furnish their contact number and residential address to the Investigating Officer and shall keep him updated in case of any change.
9. The Applicants shall attend the dates of trial regularly.

The order was dictated and pronounced in open court on April 30, 2024, in Mumbai. This decision grants temporary freedom to the two young men while they await further legal proceedings in the case. The condition restricting their entry into the complainant’s residential area highlights the court’s concern for the safety and well-being of the victim and witnesses.