Final Order 1

Order Details: Bail Order
Pdf Text: 1
Order below Bail Application in C.R. No.749/2025
of V. B. Nagar Police Station, Mumbai.
{Passed on 24th November, 2025}
1. Heard the learned A.P.P and the counsel for the accused.
Perused the say filed by the learned A.P.P. and I. O. This is an
application for bail filed by Ld. counsel of the accused. The accused has
alleged to have offence committed Under Section 305 of B.N.S. 2023.
2. The learned advocate for the accused has submitted that,
the accused has been falsely implicated in this case. The accused is
totally innocent. The accused is permanent resident of Kurla, Mumbai.
The Accused is only earning member of his family. Accused is in judicial
custody. He will not abscond. He will remain present on each date of
hearing. The accused will not tamper any evidence. He is ready to
abide the conditions imposed by Court. Hence, he may be released on
bail. To support her contention, the Ld. Counsel of the accused is
reliance upon the Judgment of Hon’ble Bombay High Court in
Raosaheb Patole Vs. State of Maharashtra criminal bail application
No.373 of 2011 wherein it has been held that, when the accused is not
identified in the T. I. Parade, no recovery has been made from him in
the offence of robbery, then he is entitled for bail on stringent
conditions.
3. The Ld. APP has contested this application by filing his say.
It is contended by him that, the offence is serious in nature. If the
accused is released on bail there will be possibility to repeat the
offence. He may abscond and tamper the prosecution witnesses and not
complete the trial. Hence, he prayed for rejection of application.
-- 1 of 2 --
2
4. The accused has alleged to have commited offence Under
Section 305 of B.N.S. 2023. The offence is serious in nature. Recovery
has been made from the accused in the present crime. Hence, the case
law relied upon by the accused counsel Raosaheb Patole in supra is not
applicable while deciding the said application. Hence, if the accused is
released on bail, he is likely to tamper prosecution evidence, abscond,
flee and protract the trial. Hence, considering the nature of an offence
and the gravity of the crime, the accused cannot be released on bail.
Hence, the following order is passed.
ORDER
1. The bail application of accused is rejected.
Date : 24.11.2025 (N. S. Kakade),
Place : Kurla, Mumbai. Judicial Magistrate (First Class),
59th Court, Kurla, Mumbai.
-- 2 of 2 --