Final Order 1

Order Details: Bail Order
Pdf Text: C.R.NO.343/2026 OF RCF POLICE STATION
ORDER BELOW BAIL APPLICATION NO. 566/BA/2026
Read the application 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 is 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 against
the accused. The accused is permanent resident of Mumbai. There is no
chances of absconding. The accused is ready to attend the Court on
each and every date. No purpose will be served by keeping the accused
behind the bar. 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 accused may abscond and delay the trial. The
accused is habitual offender. 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(6), 351(3), 352, 3(5)
of BNS r/w 142, 37(1)(a), 135 of Maharashtra Police Act. As per FIR, the
main allegation against the accused is that on 27.05.2026 the accused
alongwith two other person stop the accused and abused and
threatened him and forcefully taken Rs. 1500/- from his pocket. The
informant objected the same but the accused assualted him by use of
knief upon his hand and back. The accused also threatened him and
directed not to lodge the report.
4) The remand papers and case diary shows that the accused
is in MCR. The accused was arrested during the investigation. The FIR
shows that, name of accused is mentioned in the FIR. The accused was
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arrested during investigation. The case diary shows the involvement of
accused in the offence. The remand papers and case diary shows that,
prima facie case is made out against the accused and there is sufficient
evidence against the accused. Therefore, if the accused is released on
bail there is every possibility of tampering of evidence. The offence is of
serious nature. Therefore, if the accused released on bail there is every
possiblity of committing the offence again and threating the witness. As
per affidavit of accused total four cases of serious nature is pending
against him. Hence, it appears that accused is habitual offender. It
appears that accused is involved in the offence. The investigation is in
preliminary stage. Hence, considering the nature of offence, the accused
is not entitled for bail. Hence, I pass following order :
ORDER
(1) The application is rejected.
(2) Bail Application is disposed of accordingly.
Mumbai.
Date : 12.06.2026.
(D. S. Sharma)
Judicial Magistrate First Class,
52nd Court, Kurla, Mumbai
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