Final Order 1

Order Details: Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO.5100242/BA/2025
IN C.R.NO.631/2024 OF KURLA POLICE STATION
1) This is an application filed by the accused namely Sohel
Amin Ansari and Ramjan Jumma Mohd. Ansari seeking bail.
Accused/applicant alleged that they are falsely implicated in the said
crime. They are permanent resident of Mumbai. They are only earning
member of their family. They shall not abscond or tamper with the
prosecution evidence. They are ready to abide by the conditions
imposed by the court. Lastly, accused prayed for bail.
2) The prosecution and Investigating Officer have strongly
opposed with contention that the offence is non-bailable. Section 305 of
the BNS provides punishment upto 07 years. The offence is serious in
nature. Accused will abscond or tamper with the Prosecution evidence if
released on bail. Lastly, they prayed for rejection of application.
3) Heard Ld. advocate for accused and Ld. APP at length.
Perused record and documents.
4) Following points arise for determination and my findings
thereon are as under for the reasons stated hereinafter.
POINTS FINDINGS
1. Whether the accused are entitle to
release on bail ?
Yes.
2. What Order ? As per final
order.
REASONS
AS TO POINT NO.1.
5) On considering the arguments of both sides and
documents available on record, it is clear that accused / applicant is in
custody since 18.03.2025. During the investigation, nothing has been
recovered from accused. The offence punishable under section 305,
334(1) r/w 3(5) of the BNS is registered against accused. The said
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offence is non-bailable. However, said offence is triable by this court.
6) Moreover, it is settled principle of the law that bail is rule
and jail is an exception. Therefore, on considering the nature of the
offence, punishment prescribed for said offence and stage of
investigation, I am of the opinion that if accused are released on bail
on certain terms and condition, then no hardship will be caused to the
prosecution. Therefore, it is just and proper to release accused on bail
on certain terms and conditions. Hence, I answer as to point no.1 in
the affirmative and proceed to pass following order.
ORDER
i) Application is allowed.
ii) Accused namely Sohel Amin Ansari and Ramjan Jumma
Mohd. Ansari be released on bail on their executing P.R.
bond of Rs.10,000/-(Rs. Ten thousand only) each with
surety in like amount or cash bail of like amount each on
following conditions….
a) Accused shall not tamper with the Prosecution witnesses in
any manner.
b) Accused shall co-operate to Investigating Officer for
Investigation of said crime.
sd/-
(S.M.Gourgond)
Judicial Magistrate (First Class),
Date : 21/03/2025 51st Court, Kurla, Mumbai.
ssm/-
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