Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Ld. PO is also working as link to Ld. ACJM East, KKD Courts
18 BAIL MATTERS / 621/2026, MOHD FAIZ Vs. STATE
FIR No. 306/2026, PS Laxmi Nagar
CNR No. DLET020350522026 02.09.2026
Present: Ld. APP for State.
Sh. Abhishek, Ld. Counsel for applicant/accused.
An application U/s 480 BNSS for grant of regular bail has been moved
on behalf of accused Mohd. Faiz.
Reply has been filed by the IO. Same is perused.
It is submitted that accused/applicant Mohd. Faiz is in JC since
21.08.2026 and was falsely implicated in the present case. It is further stated that
applicant/ accused has permanent address so there is no chance of him absconding.
He is ready to abide by all terms and conditions imposed upon him, if he is granted
bail.
On the other hand, Ld. APP for the state opposed the bail application
on the ground of gravity of the alleged offence. He further submits that accused is a
drug addict and his family has no control over him. He may again commit such crime
and jump the bail, if granted. Hence, it is prayed that the present bail application be
dismissed.
Submissions heard. Record perused.
The Fundamental principle of bail jurisprudence postulates that bail
has to be understood as the rule and jail has to be seen as an exception. Plethora of
cases have highlighted some indicative factors like seriousness of offence, likelihood
of accused feeling from justice, role and conduct of the accused and possibility of
accused tampering with the evidence of the case or threatening the witnesses among
other factors which are to be taken into consideration while deciding a bail
application. However, no one factor can be taken as supreme for grant or rejection of
bail.
Considering the entirety of circumstances as well as period of
incarceration and the fact that accused/applicant is no more required for custodial
interrogation as the recovery has already been effected, this Court deems it fit to
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Ld. PO is also working as link to Ld. ACJM East, KKD Courts
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allow the present application of the accused.
Accused/applicant Mohd. Faiz is admitted to bail on furnishing
personal bond in sum of Rs. 15,000/- with one surety in the like amount, to the
satisfaction of the court/Duty JMFC, subject to the following conditions:
1. That the applicant attend the court in accordance with the conditions of
bond;
2. That the applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing any facts to the court or the police;
3. That the applicant shall not tamper with the prosecution evidence nor he
will try to win over the prosecution witnesses or terrorize them in any manner;
4. That the applicant shall not deliberately and intentionally act in a manner
which may tend to delay the investigation and trial of the case;
5. That the applicant shall inform his mobile number to the IO/SHO and shall
keep the same operational all the times and in case of changing the mobile
number, he shall intimate the IO/SHO; and
6. That the applicant shall intimate the IO/SHO if he changes his current
address.
Nothing expressed herein shall tantamount to any opinion on the merits
of the case.
Application stands disposed of.
Copy of this order be given dasti to all concerned.
Let copy of this order be sent to the JS concerned, physically as well as
e-mail, for compliance of directions of Hon’ble Apex Court in RE: policy Strategy
for grant of bail SWMP (CRL) No. 4/21.
(Satendra Pal Singh)
Judicial Magistrate First Class-04
East/KKD/02.09.2026(JC)
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