1 B.A.
122/2026
MHCC020005522026
IN THE COURT OF SESSION FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 122 OF 2026
(C.N.R. No.MHCC02-000552-2026)
in
C.R. No. 113 of 2025
Nitin Gopal Rai, …. Applicant
Age : 51 years, Occ : Service,
Residing : Room No.322, D Wing,
Visawa Apartment,
D.P. Road, Upper Govind Nagar,
Near Chincholi Gate,
Malad (East),Mumbai 400 097.
V/s
The State of Maharashtra .... Complainant
(At the instance of DCB CID Unit XI )
Appearances:
Ld. Adv. Mr. Abhishek Mishra for applicant/accused.
Ld. APP. Mr. Pankaj Chavan for the State.
Ld. [Link]. Shashikant Chaudhari for intervener.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
SHRI. V. P. DESAI ([Link].52)
DATE : MARCH 05, 2026.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
Vide the present bail application, the applicant has prayed for
regular bail under section 483 of Bhartiya Nagarik Suraksha Sanhita,
2 B.A. 122/2026
2023 [BNSS] in connection with crime number No. 519 of 2025
registered with Charkop Police Station [DCB CID Unit XI CR No.113 of
2025] for the offences punishable under section 109, 3(5), 61(2), 238
of Bhartiya Nyaya Sanhita 2023 [BNS] and section 3, 25, 27 of Arms
Act, 1959 and section 135 of Maharashtra Police Act, 1951 on the basis
of FIR lodged by Mr. Raju Prakash Jadhav alleging attempt to murder of
Mr. Fredy Dilima.
2. Ld. Adv. Mr. Abhishek Mishra argued that the applicant is
innocent and falsely implicated in the case. The applicant is not facing
allegations that he has fired upon the injured Mr. Fredy Dilima. There is
no material in the charge-sheet to suggest that the present applicant
was part of the conspiracy or abetted the prime accused in the crime.
He argued that there are no criminal antecedents against the applicant.
He is arrested on 16.12.2025 since then he in in jail. Charge-sheet is
filed. He is permanent resident of Malvani Mumbai and will be available
for trial. Hence prayed to allow the bail application.
3. Per contra, Ld. APP Mr. Pankaj Chavan argued that the offence is
serious in nature. Two bullets were fired by the accused persons. The
injured, because of the timely medical help, could survive. The assailant
targeted vital part of the body. The very fact that, two bullets were fired
on Mr. Fredy Dilima itself fulfills the criteria for the offence of attempt
to commit murder. He further argued that the present applicant had
made arrangements for the assailants for their stay at V.V. Hotel Gorai.
He even made arrangements for vehicle so that the prime accused flee
away from the spot after the assault. Hence prayed to reject the bail
application.
3 B.A. 122/2026
4. After perusal of the FIR and the charge-sheet, it can be gathered
that, on 19.11.2025 at afternoon, when the informant and Mr. Fredy
Dilima came out of Susai Hall at Kandivali Mumbai and were boarding
the Fortuner car bearing no. MH 48 P 1568, one person wearing black
helmet, who was sitting on black colour bullet motor cycle, came in
front of Fredy and fired two bullets on the chest and stomach. Even one
bullet was fired on the informant, he dodged the bullet. Thereafter the
person wearing black helmet run towards Brimaco Company and sat on
one motor cycle on which there were earlier two persons and fled away.
Mr. Fredy Dimila was taken to Oscar Hospital where he was admitted.
5. Admittedly, the assailant was unknown person. It is settled
principle that the FIR is not encyclopedia of the crime. The investigation
will reveal that, Mr. Fredy Dimila had business rivalry with Mr. Rajdeep
Chouhan @ Daya [A-2], who conspired with the other co-accused to
eliminate him. The medical papers of Oscar Hospital will disclose gun
shot injury to Mr. Fredy Dilima on his upper abdomen mid sternum
epigastrium. He was operated for exploratory upparotomy and
cholecystectomy. The nature of injury suffered to Mr. Fredy Dimila and
the weapon used, injury to the vital part of the body, itself suggests that
there was threat to his life. The ingredients of section 109 of BNS are
completely made out.
6. The investigation will reveal that the present applicant has not
participated in the actual firing at Mr. Fredy Dimila. However, the
statement of the witnesses, more particularly, Mr. Rahul Jha, the partner
of V.V. Hotel recorded u/s 183 of BNSS, by the investigating officer, will
reveal that, it was the present applicant who had called him and
4 B.A. 122/2026
instructed him not to make entry of four people in the register
maintained at the counter. Even the CCTV Footage collected by the
investigating officer of V.V. Hotel will disclose that the assailant Mr.
Subhash Mohite and Mr Rajesh @ Daya have stayed together in the V.V.
Hotel. The investigating officer has recorded the statement of Shivaji
Tiwari, which reveals that his Mahindra XUV 500 was with the
applicant and he had provided this vehicle to Mr. Guddu Shaikh and Mr.
Rajesh @ Daya to flee away at Pune. It can be gathered that the role of
the present applicant was for arranging stay of the assailants and
thereafter to assist the conspirator to flee away. There is positive
participation of the present applicant in the crime as he not only part of
conspiracy, but also assisted the main assailant and thereby abetted the
commission of the offence.
7. The offence of section 109 of BNS is punishable with
imprisonment for life. The offence of conspiracy and abetment is
punishable to the same extent as the main offence i.e. section 109 of
BNS. Hence following order is passed :
ORDER
Criminal Bail Application No. 122 of 2026 is rejected and disposed off
accordingly.
Digitally signed
by VARDHAN
PRATAPRAO
VARDHAN DESAI
PRATAPRAO Date:
DESAI 2026.03.05
17:07:38
+0530
Date: 05.03.2026 V. P. Desai,
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated directly on computer :05.03.2026
Signed by HHJ on :05.03.2026
5 B.A. 122/2026
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05.03.2026 (05.07 p.m.) MRS. K.Y. INAMDAR
Name of the Judge Shri V. P. Desai
(with Court Room No.) C.R. No.52
Date of Pronouncement of JUDGMENT/ ORDER 05.03.2026
JUDGMENT/ORDER signed by P. O. on 05.03.2026
JUDGMENT/ORDER uploaded on 05.03.2026