Final Order 1

Order Details: Bail Order
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C. R. No. 514/2025.
Chembur Police Station
ORDER BELOW BAIL APPLICATION No.954/BA/2025
By this application, the applicant/accused No.1 and 2 are
seeking their release on bail. It is contended that both accused are in
judicial custody since 17.09.2025. The case is registered against them
for offences punishable under section 303(2) read with 3(5) of BNS.
Accused did not commit any offence. False case is registered against
them without any basis and they are falsely implicated in the case.
They are not required in the investigation. They are permanent
resident and there will no chance of absconding the accused that he
will not make any inducement, threat or promise. They are ready and
willing to accept other conditions. They are seeking grant of
application.
2] I have gone through replies of Ld. APP and I.O.
3] I have gone through the FIR. It would show that the
stolen property is one Maruti Eco Vehicle. The report is lodged
against unknown person. The report would show that the parked
vehicle has been stolen. The report of investigating officer would
show that during investigation, it was found that the vehicle has been
stolen and drove to certain direction, captured in CCTV footage.
However, subsequently the Gujarat Police made contact and
conveyed that accused are found possessing the stolen property.
Accordingly, it is recovered. Both accused are resident of Gujarat. It
would be the matter of investigation as to whether the concerned
accused himself committed of theft or he is recipient of the stolen
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property. However, the vehicle is seized and even today the vehicle
owner filed an application seeking return of property. Therefore, in
the circumstances custody of accused is not necessary. At the most, he
can be directed to attend the police station and to co-operate the
police for the purpose of investigation. Therefore, I am inclined to
allow the application subject to conditions. Hence, I pass following
order.
ORDER
1. The applicant/accused No. 1 and 2 be released on P. B and
S.B./ cash security of Rs.10,000/- (Rs. Ten thousand only/-)
2. Accused No. 1 and 2 shall attend the police station on every
Monday between 10:00 to 11:00 am till filing of final report.
3. They shall not tamper the prosecution evidence.
4. They shall produce their photo identity proof, residential
proof and mobile numbers of themselves and their two
blood relatives.
(D. J. Endait)
Addl. Chief Judicial Magistrate,
Date : 20.09.2025 11th Court, Kurla, Mumbai
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