Final Order 1

Order Details: Bail Order
Pdf Text: 1
Crime No.475/2026
Case No.552-BA-2026
P.S. Shivaji Nagar State -V- Mohd. Jafar.
ORDER BELOW BAIL APPLICATION
Perused the application filed by accused Mohd. Jafar Siddique
Shaikh @ Guddu. Considered the say of Ld. APP and I.O. They strongly
opposed the application. Heard Adv. for both parties at length. The
offence is non-bailable however triable by this court. The accused are
arrested and thereafter were remanded to police custody and thereafter
they are in Magisterial Custody.
2] From the perusal of say filed by IO, APP and remand papers on
record it reveals that the present accused namely Mohd. Jafar is alleged
to have committed offences punishable U/Sec.118(2), 118(1), 115(2),
352, 351(2) of BNS. It appears that the first information report is
lodged by Saleha Irfan Khan against present accused. It appears from
the allegations that the dispute took place on account of throwing of
waste plastic papers/material and thereafter, present accused has
assaulted the informant by means of brick on her head resulting into
severe injuries.
3] Thus, considering the case of prosecution it reveals that the
accused has assaulted an aged woman on account of minor dispute.
Allegations in the FIR prima facie demonstrate role of accused played in
the present crime. Medical certificate filed on record also demonstrate
the severity of injuries sustained by the informant in the alleged assault
by accused. Therefore, there is prima facie case against the accused and
there appear reasonable grounds for believing that he is guilty of
alleged offences. The offence under Sec.118(2) punishable with
-- 1 of 2 --
2
imprisonment for life. The investigation reveals the specific role of
present accused in committing present offences as the present accused
despite knowledge that the person being assaulted is an aged woman.
The investigating officer has also disclosed the other crimes registered
against the present accused which also demonstrate that present
accused is having criminal anticedents. The investigation of the present
crime is in progress. There is possibility that if accused is released on
bail he may cause threat to the informant and witnesses so as to
dissuade them from disclosing the facts to the Court or police officer or
tamper with the evidence. Considering the facts and circumstances of
the case and the allegations against the accused and the severity of the
offence, it would not be just to enlarge the accused on bail. The bail
application of present accused is liable to be rejected in view of the
aforesaid discussion. Accordingly, the following order is passed.
- : ORDER :-
1. The Bail Application filed by Accused Mohd. Jafar Siddique
Shaikh @ Guddu is hereby rejected.
Declared in the Court.
( S. B. Pawar)
Judicial Magistrate First Class,
Dt. 11/06/2026 57th Court, Kurla, Mumbai.
-- 2 of 2 --