Final Order 1

Order Details: Bail Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
60th COURT, KURLA, MUMBAI
ORDER PASSED BELOW BAIL APPLICATION NO. 154/BA/2025.
CR. NO. 101/2025 OF CHUNABHATTI POLICE STATION
Accused Abrar Ahmed Bulan Qureshi has filed bail
application. The learned advocate for the accused has submitted that, the
accused has been falsely implicated in this case and has nothing to do with
the alleged offence. He is permanent resident of Mumbai. He is ready to
abide the conditions imposed by Court. Hence, he prayed to release him
on bail.
2. Ld. APP and I.O. have contested this application by filing
their say. It is contended by the Ld. APP that, the accused will misuse his
liberty and it is not just and proper to release accused on bail at this stage
and the offence is triable by Hon’ble Court of Sessions. Therefore he
prayed to reject the application. It is contended by the I.O. that, the
accused and the informant resides in the same area, therefore, accused
can threaten and harm the informant in future. If the accused is released
on bail then he may threaten the witnesses. The statement of informant
under section 183 of BNSS is yet to be recorded. Hence, he prayed to
reject the application.
3. Heard advocate for accused at length. I have gone through
the say filed by Ld. APP and I.O. Accused is charged under section 74, 76,
117(2), 115(2), 352, 3(5) of The Bharatiya Nyaya Sanhita, 2023. Section
76 of the Bharatiya Nyaya Sanhita, 2023 is triable by Hon’ble Court of
Sessions. Perused the FIR filed against four accused. It is alleged that
accused Anas Qureshi and Irshad Qureshi were beating the informant's
father, prompting the informant to intervene. Anas Qureshi then allegedly
pulled the informant's Dupatta, intending to outrage her modesty, and
pulled her hair, causing her to fall down. Subsequently, Anas tore the
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informant's Kurti near her shoulder and pressed her chest. Nisar Qureshi
and Abrar Qureshi, the father of Anas and Irshad, were also present and
reportedly abused the informant's father. The allegations of outraging the
informant's modesty are specifically against Anas Qureshi. Abrar Qureshi's
involvement seems to be limited to verbally abusing the informant's father.
Therefore, there are no direct allegations against the present accused
Abrar Qureshi under section 74, 76 of the BNS. Therefore, only section
352 of the BNS applies to accused Abrar Qureshi which is a baiable
offence.
4. Bail is the rule, and jail is the exception. Since Section 352 of
BNS is the only applicable section and it is a bailable offence, there is no
justifiable ground to deny bail to the accused. Moreover, he is ready to
furnish surety. So, considering the facts and circumstances there is no
purpose to keep accused behind bar when he is ready to furnish sureties
and abide the conditions. In view of above, I pass following order.
ORDER
1. Accused Abrar Ahmed Bulan Qureshi be released on bail on
executing P. B. & S. B. of Rs.15,000/- with one or more solvent
sureties or like wise cash amount.
2. Accused is directed to furnish his address proof.
3. Accused is directed to attend the Chunabhatti Police Station on 2nd
and 4th Wednesday of every month between 11:00 am to 01:00 pm
to co-operate the investigating agency till filing of chargesheet.
Date : 24/02/2025
Sd/-
(Shri. V. H. Chavan)
Judicial Magistrate (First Class),
60th Court, Kurla, Mumbai.
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