Final Order 1

Order Details: Bail Order
Pdf Text: 1 Order below bail application no.252/BA/2026
ORDER BELOW BAIL APPLICATION NO.252/BA/2026
IN C.R.NO.77/2026 OF SION POLICE STATION
1) This is an application filed by accused namely Abdul Aasif
Akhtar Shaikh seeking bail. The accused/applicant alleged that he is
falsely implicated in the said crime. He is only earning member of his
family. He is permanent resident of Mumbai. He will not abscond or
tamper with the prosecution evidence. He is 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 serious in nature and non-
bailable. There is prima-facie case against accused. The accused will
abscond or tamper with the prosecution evidence if released on bail.
Lastly, they prayed for rejection of application.
3) In view of directions of the Hon’ble Supreme Court in the
case of
Zeva Khan vs. State of U.P. and Ors. reported in 2026 INSC 144,
the information available on record is hereby mentioned in the
structured framework as under -
A) Case Details -
FIR number
and Date
Police station,
District and State
Sections
invoked
Maximum punishment
prescribed.
77/2026,
12/03/2026
Sion, Mumbai,
Maharashtra
303 (2) r/w
3 (5) of BNS,
2023
3 years.
B) Custody and procedural compliance -
Date of arrest Total period of custody undergone
12.03.2026 12.03.2026 to till date
C) Status of trial -
Stage of proceeding
(Investigation /Charge-sheet /
Cognizance / Framing of charges
/ Trial)
Total number of
witnesses cited in the
charge-sheet
Number of prosecution
witnesses examined
Investigation N.A N.A
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2 Order below bail application no.252/BA/2026
D) Criminal antecedent -
Sr.No. FIR number and Police
station
Sections Status (Pending / acquitted /
Convicted).
1) 17/2026, LTT Railway
Police station, Mumbai.
303(2) of
BNS,2023
Pending.
E) Previous bail application -
Court Case number Out come of case
N.A. N.A. N.A.
F) Coercive processes -
Whether any non-bailable warrant
was issued
Whether declared a proclaimed
offender
N.A. N.A.
4) Heard Ld. APP and Ld. advocate for accused at length.
Perused record and documents.
5) Following points arise for determination and my findings
thereon are as under for the reasons stated hereinafter.
Sr. No. POINTS FINDINGS
1. Whether accused is entitled to release on
bail ? Yes.
2. What Order ? As per final
order.
REASONS
AS TO POINT NO.1.
6) On considering the arguments of both sides and
documents available on record, it is clear that accused / applicant is in
custody since 12.03.2026. The present crime is registered for the
offence punishable under section 303 (2) r/w 3(5) of the BNS. The
said offence is non-bailable. However, said offence is triable by this
court. Therefore, this court has jurisdiction to entertain bail
application. Also, the alleged offence is not punishable with death or
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3 Order below bail application no.252/BA/2026
imprisonment for life. Therefore, it is not just and proper to keep the
accused behind bar.
7) 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, value of alleged muddemal property, punishment prescribed
for said offence, material available on record against accused and
stage of investigation, I am of the opinion that if accused is 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 Abdul Aasif Akhtar Shaikh be released on
bail on his executing P.R. bond of Rs.7,000/-(Rs. Seven
thousand only) with surety of like amount or cash bail of
like amount 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.
c) Accused shall submit his residential proof and contact
details of two relatives / friends.
iii) Judicial Clerk of this court is directed to inform above said
order to the accused as per rules.
sd/-
(S.M.Gourgond)
Judicial Magistrate (First Class),
Date : 20/03/2026 51st Court, Kurla, Mumbai.
ssm/-
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