Final Order 1

Order Details: Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO.5101018/BA/2025
IN C.R.NO.675/2025 OF KURLA POLICE STATION
1) This is an application filed by accused namely Israr Mohd.
Idrish Shah seeking bail. The accused/applicant alleged that he is
falsely implicated in the said crime. He is permanent resident of
Mumbai. He is only earning member of his family. 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.
2) The prosecution and Investigating Officer have strongly
opposed with contention that the offence is serious in nature and non-
bailable. The applicant / accused has specific role in the said crime.
Muddemal is recovered from accused. The investigation is in primary
stage. The 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 the 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.
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.
5) On considering the arguments of both sides and
documents available on record, it is clear that the accused / applicant
is in custody since 29.09.2025. The present crime is registered in
respect of theft of cash amount and gold ornaments total amounting
of Rs.68,000/-. However, during the investigation, alleged muddemal
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is recovered. The offence punishable under section 305(a), 331 (1) of
the BNS is registered against accused. The said offence is non-
bailable. However, said offence is triable by this court. Therefore, this
court has jurisdiction to entertain to the bail application. Moreover,
material investigation of the crime is completed. The accused is ready
to abide all the conditions. Therefore, no purpose will be served by
keeping the accused behind bar.
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 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 answer as to point no.1
in the affirmative and proceed to pass following order.
ORDER
i) Application is allowed.
ii) Accused namely Israr Mohd. Idrish Shah 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 his two relatives/friends.
iii) Judicial Clerk of this court is directed to inform above said
order to accused as per rules.
sd/-
(S.M.Gourgond)
Judicial Magistrate (First Class),
Date : 03/10/2025 51st Court, Kurla, Mumbai.
ssm/-
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