Final Order 1

Order Details: Bail Order
Pdf Text: C.R.NO.606/2025 OF RCF POLICE STATION, MUMBAI.
ORDER BELOW BAIL APPLICATION NO.1273/BA/2025
Read the applicant and say. Heard Ld. Advocate for the accused
and Ld. APP. The Ld. Counsel of accused submitted that, the accused is
in M.C.R. The accused was falsely implicated in the case. Bail is a rule
and jail is an exception. The accused has co-operated during the
investigation as and when necessary. No offence is made out. Hence,
prayed for bail.
2) Ld. A.P.P. and I.O. resisted the present application on the
grounds that offence is serious in nature. There is prima-facie evidence
against the accused. The investigation is in progress. The accused may
abscond and delay the trial. Several cases are pending against the
accused. Thus, prayed for rejection of bail application.
3) Perused the remand papers. It appears that, accused was
arrested for the offence punishable under sec. 309(4), 333, 351(3),
352, 3(5) of BNS. The accused is in M.C.R. The F.I.R. and remand paper
shows that, accused was arrested during the investigation. The name of
the accused is mentioned in the FIR. The accused entered into the house
of informant forcefully and threaten to take back the case filed against
the Chemburanna and Rahil. At that time accused forcefully taken Rs.
5000/- from the pocket of Mohammad. The specific allegation has been
made against the accused in the F.I.R. Therefore there is prima facie
case is made out against the accused and there is sufficient evidence
against the accused. The remand papers show the involvement of the
accused in the offence. The investigation is in progress. Hence,
considering the nature of offence, the accused is not entitled for the
bail. Hence, I pass following order :
ORDER
(1) The application is rejected.
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(2) Bail Application is disposed of accordingly.
Mumbai.
Date : 06.12.2025.
(D. S. Sharma)
Judicial Magistrate First Class,
52nd Court, Kurla, Mumbai
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