Final Order 1

Order Details: Order below Ex-1
Pdf Text: CRIME NO. 29/2026 OF RCF POLICE STATION, MUMBAI.
ORDER BELOW BAIL APPLICATION NO. 94/BA/2026
Read the application and say. Heard Ld. Advocate for the
accused and Ld. APP. The Ld. Counsel of accused submitted that, the
accused is in M.C.R. The accused is falsely implicated in the case. Bail
is a rule and jail is an exception. The accused will co-operate with the
investigation as and when necessary. Hence, prayed for bail.
2) Ld. A.P.P. and I.O. resisted the present application on the
grounds that offence is serious in nature. Hence application be rejected.
3) Perused the remand papers. The accused was arrested for
the offence punishable under sec. 308(5), 3(5) of BNS. The accused is
in M.C.R. The present applicant is accused No. 3 in the case. The name
of accused No. 3 is not mentioned in the FIR. The main allegation
against the accused No. 1 and 2 is that they demanded Rs. 50000/- per
month form the informant for parking of truck. However, the informant
has not given anything to them and went to the police station.
Thereafter, police try to verify the complaint and went alongwith the
informant. The informant gave Rs.1000/- to the accused no. 1 and
police caught him in the trap. The above said facts show that there was
no threat of grievous hurt or death. Further, the accused No. 3 was
arrested during the investigation as he was working for accused No. 1.
The custody of accused no. 3 is not required for the investigation
purpose. The amount of Rs. 1000/- has been already seized from the
accused No.1. The maximum punishment of the offence is not death or
life imprisonment. The stolen amount was already seized by the
Investigating Officer. Hence, no purpose will be served by keeping the
accused behind the bar. Considering allegations made against the
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accused, this Court thinks it fit that on certain terms and conditions, the
accused can be released on bail. Hence, I pass following order :
ORDER
(1) The application is allowed.
(2) The accused be released on furnishing P.B. and S.B. of
Rs. 50,000/- (Rs. Fifty Thousand Only) or cash bail of Rs.
20,000/- with P. R. bond of Rs. 50,000/- in Crime No.
29/2026 for the offence punishable under sec. 308(5), 3(5)
of BNS on following terms and conditions.
(3) (a) The accused shall not make any contact with the witness
and shall not tamper the prosecution evidence.
(b) The accused shall furnish his detail addresses, mobile
/contact numbers.
(c) In case of change of his residence or mobile/contact
numbers, he shall inform it to the Court and investigating
Officer.
(d) The accused shall co-operate with the Investigating
Officer and shall attend the police station on every
Sunday in between 11.00 am to 2.00 pm. till filling of
charge-sheet.
(4) Copy of this order be communicated to the accused
through email and issuing letter to the Superintendent of
concerned Jail Authority.
(5) Bail Application is disposed off accordingly.
Mumbai.
Date : 03.02.2026.
(D. S. Sharma)
Judicial Magistrate (First Class),
52nd Court, Kurla, Mumbai
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