Final Order 1

Order Details: Bail Order
Pdf Text: CRIME NO.493/2026 OF MANKHURD POLICE STATION, MUMBAI.
ORDER BELOW BAIL APPLICATION NO. 717/BA/2026
1) 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 was falsely implicated in the case. Bail is a rule and jail is an
exception. The accused will co-operate with the investigation as and when
necessary. 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. The accused is involved in the offence. Hence,
prayed for rejection of bail application.
3) Perused the remand papers. It appears that, accused was arrested for
the offence punishable under Sec. 121(1), 132, 115(2), 352 of BNS. The
accused is in M.C.R. The custody of the accused not required for investigation
purpose. The I.O. opposed the application on the ground that, earlier the
accused was arrested in similar offence and accused may threaten the witness.
The Ld. Counsel for accused submitted that, the accused was acquitted in
earlier case. Further, the witness in the present case is police. Therefore, there
is no question of threat by the accused. Further, if the accused again commit
similar type of offence, the police can take appropriate action against the
accused. Nothing has been seized from the accused during the investigation.
The accused is ready to attend the Court on each and every date. Further, the
prescribed punishment for the offence is not death or life imprisonment. The
offence is triable by this Court. Hence, no purpose will be served by keeping
the accused behind the bar. Hence, I pass following order :-
ORDER
(1) The application is allowed.
(2) The accused be released on furnishing P.B. and S.B. of Rs. 50,000/-
(Rs. Fifty Thousand) or cash bail of Rs.10,000/- (Ten Thousand)
with P. R. bond of Rs. 50,000/- in Crime No.493/2026 for the
offence punishable under sec. 121(1), 132, 115(2), 352 of BNS.
(3) The accused shall not commit similar type of offence.
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(4) The accused shall provide his residential address, mobile number
and email address if any to the investigating officer.
(5) The accused shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing the facts to court or the
police officer and should not temper with the evidence and
prosecution witnesses.
(6) The accused shall not leave the country without the permission of
the court.
(7) If the accused commits breach of any of the conditions his bail will
be liable to cancel.
(8) The bail application is disposed-off accordingly.
Mumbai.
Date : 01.08.2026.
(D. S. Sharma)
Judicial Magistrate (First Class),
52nd Court, Kurla, Mumbai
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