Rupesh K. Bobade

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2444 OF 2007 Maya Niranjandas alias Waghmare .. Applicant v/s. State of Maharashtra (Through the Vithalwadi P.Stn., Ulhasnagar) .. Respondent Mr.Rupesh K. Bobade for the applicant. Mr. Rajesh More, APP for the State. CORAM : V.C. DAGA, J. DATED : 14TH AUGUST, 2007 P.C. Heard the learned counsel for the applicant and the learned APP for the State. The applicant is seeking bail in C.R.No. I98/2006 registered at Vithalwadi Police Station, Ulhasnagar. The said case is registered under section 171, 364A, 384, 385, 504, 506 IPC It is the prosecution case that one Niranjan Das and the complainant were proceeding to Antop Hill on motorcycle. The complainant was driving the motorcycle. At that time the motorcycle skidded, due to this Niranjan sustained injuries. The wife of Niranjan and the friends of Niranjan including the applicant said that the complainant is responsible for the injuries and made him to pay Rs.21,000/ for medical expenses. It is further the case of the complainant that on 1.9.2006 the applicant alongwith others came to the house at the complainant stating that Niranjan and his wife had called him and they took him to the house of Niranjan. At that time, Niranjan and his wife Maya were present. It is further case of the complainant that in the house of Niranjan, he was assaulted by fist blows and Rs.2 lacs was demanded from him. The complainant told them that he was unable to pay the said amount whereupon they took document from him stating that the complainant would give an amount of Rs.50,000/ towards expenses to Niranjan Das. The said document has already been seized by the police. So far as the present applicant is concerned, her presence is shown together with certain circumstances given by her. Considering the role of the present applicant and the fact that the investigation is complete and chargesheet has been filed, all necessary documents have already been seized and that she is a woman who is also required to look after her children, I am inclined to grant her bail subject to the following conditions: (a) The applicant arrested in connection with C.R.No.I-98/2006, registered with Vithalwadi Police Station, Ulhasnagar, shall be enlarged on bail in the sum of Rs.25,000/ with one or two sureties to make up the said amount. (b) The applicant shall report to Vithalwadi Police Station, Ulhasnagar once in a week i.e. on every Saturday between 03.00 p.m. to 05.00 p.m. till conclusion of the trial. (c) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. (d) The applicant shall not directly or indirectly make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (e) The applicant shall cooperate with the inves agency for disposal of the case. It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. (f) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. Application stands disposed of accordingly. (V.C. DAGA, J.)