Mumbai, Maharashtra – July 2, 2022 – The Sessions Court for Greater Bombay has granted bail to Lokender Puranshingh Rajput, accused in a theft and conspiracy case. Additional Sessions Judge S.D. Kulkarni (Court Room No. 30, in charge of C.R. No. 37) allowed Bail Application No. 1030 of 2022, related to C.R. No. 09 of 2022 registered with L.T. Marg Police Station.

Lokender Puranshingh Rajput, 25, was arrested and charged under Sections 381 (theft by clerk or servant of property in possession of master), 201 (causing disappearance of evidence of offence, or giving false information to screen offender), 212 (harbouring offender),¹ 120(B) (criminal conspiracy), and 411 (dishonestly receiving stolen property) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

Case Background:

The complainant, Khushal Rasiklal Tamka, lodged a report against Rajput and others, leading to the registration of C.R. No. 09 of 2022.

Arguments and Court’s Reasoning:

Rajput’s counsel, Adv. Salunkhe, argued that his client was falsely implicated and was a permanent resident of Rajasthan. He stated that there were no specific allegations against Rajput and that the investigation officer had already recovered 613.170 grams of gold ornaments from him. He also highlighted that the co-accused had been granted bail and that the investigation was complete, with a charge sheet filed in court.

The prosecution, represented by APP Abhijeet Gondwal, opposed the bail, arguing that Rajput might influence witnesses or abscond, as he was a resident of Rajasthan.

The court, after reviewing the application and the prosecution’s reply, noted that the investigation was complete, with all thirteen accused arrested and most of the stolen gold and cash recovered. “On going through the reply filed by the prosecution it is reveales that, the investigation officer as arrested in all thirteen accused and majority of the golden ornaments and cash amount was seized from the possession of accused,” Judge Kulkarni stated.

The court also considered that the investigation officer had recorded the statements of witnesses and filed a charge sheet. “The investigation officer is recorded statement of witnesses and after completion investigation and filed chargesheet in the court. The accused is in judicial custody since 29.01.2022,” Judge Kulkarni noted.

Judge Kulkarni concluded that there was no likelihood of Rajput affecting the collection of evidence or tampering with it. “Therefore, in my opinion, investigation is completed in this case, so there is no likelyhood that if accused release on bail he will affect of the collection of evidence. I also think that there will be no tempering of evidence,” Judge Kulkarni stated.

The court dismissed the prosecution’s apprehension that Rajput might threaten witnesses or flee, stating that it was not based on sound grounds. “The investigation officer mainely opposed the bail application on the ground that accused will thretened proseuction witness was also flee away form the justice, but this apprehension is in my opinion not based on sound ground,” Judge Kulkarni concluded.

Bail Conditions:

Judge Kulkarni granted bail to Lokender Puranshingh Rajput on the following conditions:

• Execution of a personal bond and surety bond of ₹30,000 with one or two sureties.
• Prohibition from tampering with prosecution evidence.
• Permission for provisional cash bail of the same amount, with the condition to furnish surety within four weeks, failing which the cash bail would be forfeited.
• Bail to be processed before the committing court.

The certified copy of the order was issued on July 2, 2022. This decision highlights the court’s consideration of the completed investigation and the absence of a likelihood of evidence tampering when granting bail.