Final Order 1

Order Details: Bail Order
Pdf Text: B.A. NO. 905/BA/2026 1
Bail Order
MHMM130393292026
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
61ST COURT, KURLA, MUMBAI
(Before Ms.Akshi Jain, Judicial Magistrate First Class)
CRIMINAL BAIL APPLICATION NO.905/BA/2026
IN
C.R. NO.513/2026
Hussain bee Aminuddin Rangrej
@ Shanno Ramjan Ali Shaikh ...Applicant
Vs.
The State of Maharashtra through
Antop Hill Police Station ...Non-applicant
ORAL ORDER
(Passed on 11.09.2026)
By this application the applicant/accused Hussain bee
Aminuddin Rangrej @ Shanno Ramjan Ali Shaikh being accused in
C.R.No.513/2026 registered with Antop Hill Police Station for the
offence punishable under Section 118(1), 115(2), 138, 151(2), 3(5) of
B.N.S. read with Section 7 of Criminal (Amendment) Act, 1932 seeks
bail under Section 480 of Bharatiya Nagarik Suraksha Sanhita (In short,
‘BNSS’).
2. Perused the bail application, the say filed by the Ld. A.P.P.
and I.O. Heard Ld. advocate for the accused and Ld. A.P.P. for the State.
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B.A. NO. 905/BA/2026 2
Bail Order
3. The Ld. advocate for the accused submitted that, the
accused has been falsely implicated in this case and no prima facie case
is made out against the accused. The accused is permanent resident of
Mumbai. The present accused is innocent and no incriminating materials
were recovered from her. The accused is ready to abide by the all
conditions. Hence, he prayed for release of accused on bail.
4. Per contra, the Ld. A.P.P. for the State argued, there is every
possibility that after release she will not be available for trial or will
abscond which will delay the trial. If the accused is released, there is
every possibility of her tampering the evidence. Moreover, the
investigation is pending and she may hamper the same. Therefore, the
prosecution portrayed its strong objection to release the accused on bail.
Similar say was filed by I.O.
5. Heard both the sides. It is a settled principle of law that
seriousness/gravity of the offence cannot be the ground to reject the
bail. Considering the factual matrix of this case, a
prima facie case is
made out against her. It is evident from the record that her custody is no
longer required by the police. It is evident from the affidavit that one
another case is pending against the accused. Considering the nature of
the offence, the accused is liable to be released eventhough there is a
case pending against her. Regarding submission of possibility that
accused may tamper witness, commit same offence again and may flee
from justice, appropriate conditions can be imposed upon this accused.
The accused is ready to abide by all the conditions. In such
circumstances, principle of law 'bail not jail' will come to rescue of the
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B.A. NO. 905/BA/2026 3
Bail Order
accused. By this way the interest of the prosecution and the liberty of
the accused can be balanced. Accordingly, the following order is passed.
ORDER
The application is allowed on the following conditions :
(A) Accused Hussain bee Aminuddin Rangrej @ Shanno Ramjan Ali
Shaikh shall execute a personal bond of Rs.20,000/-(Rupees
Twenty Thousand only) and furnish one or two sureties in like
amount. In lieu thereof, he be provisionally released on cash bail
of Rs.10,000/- for a period of one month.
(B) Accused shall undertake to not, directly or indirectly, make any
means inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer.
(C) Accused shall undertake to not commit any similar offence.
(D) Accused shall undertake to co-operate the police in investigation.
(E) The accused shall furnish detailed address and phone numbers of
herself and her two near relatives. She shall also undertake to
intimate the Court regarding change of her address, anytime in
future.
(F) This order be communicated to Jail Superitendent, Mumbai
Central Prison.
(Ms. Akshi Jain)
Judicial Magistrate (First Class),
Date: 11.09.2026 61st Court, Kurla, Mumbai.
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