Final Order 1

Order Details: Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO.5100586/BA/2025
IN C.R.No.93/2025 OF THE SION POLICE STATION
1) Read the application and say filed by Ld APP and
Investigating Officer. Perused police papers. Heard both sides.
2) This is an application filed by accused namely Rohan
Madan Arya for bail. It is submitted by the accused that he is falsely
implicated in the said crime. 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, the accused
prayed for bail.
3) The prosecution and Investigating Officer have strongly
opposed with contention that the offence under Section 118(1) of the
BNS is serious and non-bailable. There is prima facie case against the
accused. He will abscond or tamper with the prosecution evidence if
released on bail Lastly, they prayed for rejection of application.
4) Heard Ld. advocate for accused and Ld. APP at length.
Perused record and documents.
5) Following points arise for determination and my findings
thereon are as under for the reasons stated hereinafter.
POINTS FINDINGS
1. Whether the accused is entitle 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 the accused / applicant
is in custody since 26.06.2025. During investigation, alleged weapon
has not recovered from the possession of the accused. The offence
punishable under section 118(1) of the BNS is registered against the
accused. The said offence is non-bailable. However, said offence is
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triable by this court. Therefore, this court has jurisdiction to entertain
the present application.
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, punishment prescribed for said offence and stage of
investigation, I am of the opinion that if the 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 the
accused on bail on certain terms and conditions. Hence, I proceed to
pass following order.
ORDER
i) Application is allowed.
ii) Accused namely Rohan Madan Arya be released on bail on
his executing P.R. bond of Rs.15,000/-(Rs. Fifteen 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 : 01/07/2025 51st Court, Kurla, Mumbai.
ssm/-
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